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Home My WebLink About20043444.tiff RESOLUTION RE: AUTHORIZE FILING OF PROCEEDINGS IN EMINENT DOMAIN, PURSUANT TO C.R.S. § 38-1-105, AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - GARY AND CHARLOTTA WILSON 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 126 on the following described real estate, to-wit: A parcel of land located in the SE1/4 of Section 20, Township 11 North, Range 67 West of the 6th P.M., Weld County, Colorado, including a temporary construction easement, and WHEREAS,said right-of-way is described in the attached Exhibits"A"and"C",shown in the attached Exhibit "Map A," and Exhibit "Map C", and consists of approximately 8.294 acres, and WHEREAS,said temporary construction easement is described in the attached Exhibits"B" and"D",shown in the attached Exhibit"Map B",and Exhibit"Map D",and consists of approximately 4.303 acres, and WHEREAS, in an Appraisal with a date of value being June 22, 2004, prepared by Kevin McCarty,Certified General Appraiser,the value of the right-of-way to be acquired is$8,294, and the temporary construction easement is $858, and WHEREAS, said right-of-way and property for the temporary construction easement are owned by Gary and Charlotta Wilson, and WHEREAS, negotiations with the Wilsons have included several oral communications between Leon Sievers of the Weld County Public Works Department and the Wilsons, and four offertory letters mailed to the Wilsons by Mr. Sievers, the last being a"Revised Final Offer Letter," dated November 5, 2004, mailed by certified mail, giving the Wilsons to and until November 19, 2004, to accept Weld County's offer of just compensation of$8,294 and $858, respectively, and WHEREAS,to date,the Wilsons have failed to respond to Mr.Seivers'"Revised Final Offer Letter", and WHEREAS,the acquisition of said right-of-way and temporary construction easement by Weld County is necessary because of pending improvements to be made to said stretch of WCR 126, so as to make the roadway safe for continued travel by motor vehicles. 2004-3444 EG0050 aPc C` �* PLJ i0) - l7-al AUTHORIZE FILING OF PROCEEDINGS IN EMINENT DOMAIN AGAINST GARY AND CHARLOTTA WILSON PAGE 2 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 C.R.S.§38-1-105, against Gary and Charlotta Wilson, in the Weld District Court to acquire the right-of-way described in the attached Exhibits"A"and"C", and shown in the attached Exhibit"Map A" and Exhibit"Map C", and the temporary construction easement described in the attached Exhibits "B" and "D", and shown in the attached Exhibit "Map B" and Exhibit"Map D". BE IT FURTHER RESOLVED by the Board that the acquisition of such right-of-way and temporary construction easement is deemed necessary for the health, safety and welfare of the citizens of Weld County, Colorado. The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 8th day of December, A.D., 2004. BOARD OF COUNTY COMMISSIONERS WE D COUNTY, COLORADO .0 E T: Milia% ,Aik Robert D. Masden, Chair 1861 s-,,;,, e my Clerk to the Board .`1, -141 t William H. J , Pro-Tem { eputy Cler to the Board t..L,� M. J. G ile APPRO AS TO FO EXCUSED Davidd�E. Long / itCounty Attorne %lel i Glenn Vaa Date of signature: , 2004-3444 EG0050 EXHIBIT A DEED LEGAL DESCRIPTION A parcel of land located in the Southeast One-Quarter of Section 20,Township 11 North, Range 67 West of the Sixth Principal Meridian, County of Weld, State of Colorado and more fully described as follows: Commencing at the Southeast corner of the Southeast One-Quarter of said Section 20, from whence the South Quarter corner of said Section 20 bears S89°26'00"W,with all bearings contained herein relative thereto;thence N85°24'28"W a distance of 333.64 feet to a point on the North right-of-way line of Weld County mad 126 and the POINT OF BEGINNING;thence S89°26'00"W along said North right-of-way line a distance of 2274.05 feet to the East right-of-way line of Weld County road 15.5;thence N00°24'59"W along said East right-of-way line a distance of 10.00 feet;thence N89°26'00"E a distance of 2273.85 feet; thence S01°34'48"E a distance of 10.00 feet to the POINT OF BEGINNING and containing 0.522 acres,more or less. The above description was prepared by Leon Sievers,Right-of-Way Agent, in and for Weld County, Colorado and is based on survey information provided by Aero-Metric, Inc. 4708 S. College Ave.,Ft. Collins, Colorado 80525 F•9�' '�,�sy � ' I' EXHIBIT MAP A r n Nj on , co N00'24'59"W 7 J Z N$ A co m O q8 W 8 In W J W O Na \J cr co le N N N co I tJ 14 Cr * y oI m V mN z t I i O)s rn 4 s i P k 'N.....Nct 14'/,'Il N00'Lnrw s Y"^ Fy n m SI Y' e 1. • ��.41 O'�;t4 ••..• / ems. O i Np _ 23520 s 02 00 400 800 $%•,1�-1(i'() • as -I X41- - I „flaNOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A NONUYENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED LEGAL DESCRIPTION ONLY. WELD COUNTY PUBLIC WORKS DEPARTMENT sorer LVS =s,am WELD COUNTY ROAD 126 DEED 1 1 w 4 DRAWN JJH DESCRIPTION tam Aprl 2, ems EXHIBIT MAP EXHIBIT B EASEMENT LEGAL DESCRIPTION A parcel of land located in the Southeast One-Quarter of Section 20,Township 11 North, Range 67 West of the Sixth Principal Meridian, County of Weld, State of Colorado and more fully described as follows: Commencing at the Southeast corner of the Southeast One-Quarter of said Section 20, from whence the South Quarter corner of said Section 20 bears S89°26'00"W,with all bearings contained herein relative thereto; thence N83°42'22"W a distance of 334.86 feet to the POINT OF BEGINNING; thence S89°26'00"W a distance of 2273.85 feet to the East right-of-way line of Weld County road 15.5;thence N00°24'59"W along said East right-of-way line a distance of 20.00 feet; thence N89°26'00"E a distance of 2273.44 feet; thence S01°34'48"E a distance of 20.00 feet to the POINT OF BEGINNING and containing 1.044 acres,more or less. The above description was prepared by Leon Sievers,Right-of-Way Agent, in and for Weld County, Colorado and is based on survey information provided by Aero-Metric, Inc. 4708 S. College Ave.,Ft. Collins, Colorado 80525 r. sonnintiti \�.t$419REG/ ,, 8 �y . EXHIBIT MAP II ig ® t',/ sL ` NOW2419'W F9 �cJ F 7 at i 4 V CD cii. n S 10 8 O a . kM OI ^ t1 -.. c ` ' I s \I_a 7 Wti: Y F" ^ v N 03 Z NN 0) 8 a I N.N.C. a 1—in'it 17 • N00.13.31'W .: y� • 8 `��\0. ./..s��i T F. 9 _ V•Q. ��• v>a a 8 _• p2352o = 0 200 400 BOO 'i'( A( IAiA t,\$‘ -I r 1 1 llllllllllll� �r- NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A NONUMENTED TO ILLUSTRATE T THE ATTACHED LEGAL OR LI.ND SURVEY PDESCRIPTION ONLY. WELD COUNTY PUBLIC WORKS DEPARTMENT SAME( LWS OUGx WELD COUNTY ROAD 126 EASMENT P E. 4 Wait. ] EXHIBIT MAP DESCRIPTION DATE April 2, 2004 EXHIBIT C DEED LEGAL DESCRIPTION A parcel of land located in the Southwest One-Quarter of Section 20,Township 11 North, Range 67 West of the Sixth Principal Meridian, County of Weld, State of Colorado and more fully described as follows: Commencing at the Southeast corner of the Southwest One-Quarter of said Section 20, from whence the Southwest corner of said Section 20 bears S89°27'30"W, with all bearings contained herein relative thereto; thence N45°28'44"W a distance of 42.38 feet to a point on the North right-of-way line of Weld County road 126,the West right-of-way line of Weld County road 15.5 and the POINT OF BEGINNING;thence S89°27'30"W along said North right-of-way line a distance of 618.59 feet to a point of non-tangent curve to the right;thence 1070.44 feet along the arc of said curve whose radius is 2350.00 feet, central angle is 26°05'55"and whose chord bears N62°29'52"W a distance of 1061.21 feet;thence S40°33'06"W a distance of 10.00 feet to a point of non-tangent curve to the right;thence 680.95 feet along the arc of said curve whose radius is 2360.00 feet, central angle is 16°31'55"and whose chord bears N41°10'57"W a distance of 678.59 feet;thence N32°54'59"W a distance of 467.28 feet to a point of non-tangent curve to the left; thence 512.70 feet along the arc of said curve whose radius is 2240.00 feet, central angle is 13°06'50"and whose chord bears N39°28'25"W a distance of 511.58 feet to the East right-of-way line of that right-of-way acquired in the Resolution of 1889;thence N00°50'47"W along said right-of-way a distance of 165.12 feet to a point of non-tangent curve to the right; thence 656.60 feet along the arc of said curve whose radius is 2360.00 feet, central angle is 15°56'28"and whose chord bears S40°53'13"E a distance of 654.49 feet; thence S32°54'59"E a distance of 467.28 feet to the point of non-tangent curve to the left; thence 646.32 feet along the arc of said curve whose radius is 2240.00 feet and central angle is 16°31'54"and whose chord bears S41°10'57"E a distance of 644.08 feet; thence 540°33'06"W a distance of 10.00 feet to a point of non-tangent curve to the left;thence 1604.90 feet along the arc of said curve whose radius is 2250.00 feet, central angle is 40°52'06"and whose chord bears S69°52'57"E a distance of 1571,09 feet; thence N89°27'30"E a distance of 19.45 feet to the West right-of-way line of Weld County road 15.5;thence S00°24'59"E along said West right-of-way line a distance of 20.00 feet to the POINT OF BEGINNING and containing 7.772 acres,more or less. The above description was prepared by Leon Sievers,Right-of-Way Agent,in and for Weld County, Colorado and is based on survey information provided byAero-Metric, Inc. 4708 S. College Ave.,Ft. Collins, Colorado 80525 ��?�„e� ® SW 1/4 See Cor See 20-11-87 IN Sec 20— T11N— R67W i M NO090.479/ 165.12' FR = 2360.00 L = 838.80' A= 1596'26• C.H = '13•E J L `� M. R = 2240.00 53Y54'59'E 467.28' ".! CH= H370' A= lroe'so• CH = 511.58'25•W r 511.58' R = 2240.00 L = 846.32' � ~ A= 16'31'54• N w CH = 54T10'57•E b r 844.06' i 7711329499"W 467.28' pt. A n 540'33'O6•W 10.00' 30' DUST. ROW--i CO CI F b R = 2360.00 z' L = 880.95' 3 Y A = 18'31'99• R = 2250.00 V Z PI CH = N41.10'57•W L = 1804.90' J 676.59• A= 40'92'08• • CO O X '.. CH = S89.52'57•E a. U w 1571.09' r q =o Z J 7 w N89'27'30'E 19.45' soj V 54033'06•W 10.00' S00.24'S9•E 20.00' o <Wo 0 z Iii CO- ilia! _N R = 2350.00 Y1 30' EXIST. ROW N4S28'44•W 42.38' - L = 1070.44' Et E A= 26.05'55" zr w CH = NBY29'52'W 1081.21' 164.°=t3 W .� S 1/4 Cor o S„o SW Cor Sec 20-11-67 Y e�oz See 20-11-87 / / v o 30' EXIST. ROW 589.27'30"W 81659' �]< 3 co N 0 SOW IS S89.27'30"W 2625.64' a 3r'W 3 8 (basis of bearing) ,-hg g N :3_ EXHIBIT D EASEMENT LEGAL DESCRIPTION SOUTH EASEMENT A parcel of land located in the Southwest One-Quarter of Section 20,Township 11 North, Range 67 West of the Sixth Principal Meridian, County of Weld, State of Colorado and more fully described as follows: Commencing at the Southeast corner of the Southwest One-Quarter of said Section 20, from whence the Southwest corner of said Section 20 bears S89°27'30"W,with all bearings contained herein relative thereto;thence N87°53'35"W a distance of 649.22 feet to a point on the North right-of-way line of Weld County road 126 and the POINT OF BEGINNING;thence S89°27'30"W along said North right-of-way line a distance of 73.20 feet to a point of non-tangent curve to the right; thence 1008.83 feet along the arc of said curve whose radius is 2370.00 feet, central angle is 24°23'20"and whose chord bears N61°38'36"W a distance of 1001.23 feet;thence S40°33'06"W a distance of 10.00 to a point of curve to the right; thence 686.72 feet along the arc of said curve whose radius is 2380.00 feet,central angle is 16°31'55"and whose chord bears N41°10'57"W a distance of 684.34 feet; thence N32°54'59"W a distance of 467.28 feet to a point of curve to the left;.thence 488.16 feet along the arc of said curve whose radius is 2220.00 feet, central angle is 12°35'56" and whose chord bears N39°12'58"W a distance of 487.18 feet to the East right-of-way line of that right-of-way acquired in the Resolution of 1889; thence N00°50'47"W a distance o:f 28.32 feet to a point of non-tangent curve to the right; thence 512.70 feet along the arc of said curve whose radius is 2240.00 feet, central angle is 13°06'50"and whose chord bears S39°28'25"E a distance of 511.58 feet;thence S32°54'59"E a distance of 467.28 feet to the point of tangent curve to the left;thence 680.95 feet along the arc of said curve whose radius is 2360.00 feet, central angle is 16°31'56"and whose chord bears S41°10'57"E a distance of 678.59 feet;thence N40°33'06"E a distance of 10.00 feet to a point of non-tangent curve to the left;thence 1070.44 feet along the arc of said curve whose radius is 2350.00 feet, central angle is 26°05'54"and whose chord bears$62°29'52"E a distance of 1061.21 feet to the POINT OF BEGINNING and containing 1.235 acres,more or less. NORTH EASEMENT A parcel of land located in the Southwest One-Quarter of Section 20,Township 11 North, Range 67 West of the Sixth Principal Meridian, County of Weld, State of Colorado and more fully described as follows: Commencing at the Southeast corner of the Southwest One-Quarter of said Section 20, from whence the Southwest corner of said Section 20 bears 589°27'30"W,with all bearings contained herein relative thereto; thence N31°24'48"W a distance of 58.25 feet to a point on the West right-of-way line of Weld County road 15.5 and the POINT OF BEGINNING;thence S89°27'30"W a distance of 19.45 feet to a point of tangent curve to the right; thence 1604.90 feet along the arc of said curve whose radius is 2250.00 feet, central angle is 40°52'06"and whose chord bears N69°52'57"W a distance of 1571.09 feet; thence N40°33'06"E a distance of 10.00 feet to a point of non-tangent curve to the right; thence 646.32 feet along the arc of said curve whose radius is 2240.00 feet, central angle is 16°31'54"and whose chord bears N41°10'57"W a distance of 644.08 feet; thence N32°54'59"W a distance of 467.28 feet to a point of curve to the left; thence 656.61 feet along the arc of said curve whose radius is 2360.00 feet, central angle of 15°56'28"and whose chord bears N40°53'13"W a distance of 654.49 feet to the East right-of-way line of that right-of-way acquired in the Resolution of 1889; thence N00°50'47"W a distance of 80.49 feet to a point of non-tangent curve to the right; thence 527.55 feet along the arc of said curve whose radius is 2420.00 feet, central angle is 12°29'26"and whose chord bears S53°50'29"E a distance of 526.51 feet; thence 552°21'26"W a distance of 40.00 feet to the point of non-tangent curve to the right; thence 196.33 feet along the arc of said curve whose radius is 2380.00 feet, central angle is 04°43'34" and whose chord bears S35°16'47"E a distance of 196.27 feet;thence S32°54'59"E a distance of 467.28 feet to the point of curve to the left; thence 640.54 feet along the arc of said curve whose radius is 2220.00 feet, central angle is 16°31'54" and whose chord bears S41°10'54"E a distance of 638.32 feet;thence S40°33'06"W a distance of 10.00 feet to a point of non-tangent curve to the left; thence 1590.60 feet along the arc of said curve whose radius is 2230.00 feet,central angle of 40°52'03"and whose chord bears S69°52'57"E a distance of 1557.10 feet;thence N89°27'30"E a distance of 19.45 feet to the West right-of-way line of Weld County road 15.5; thence S00°24'59"E along said West right-of-way line a distance of 20.00 feet to the POINT OF BEGINNING and containing 2.024 acres,more or less. The above descriptions were prepared by Leon Sievers,Right-of-Way Agent,in and for Weld County, Colorado and was based on survey information provided by Aero-Metric, Inc. 4708 S. College Ave.,Ft.Collins, Colorado 80525 ROUTH TEMP. oe NORM . CONSTRUCTION A) N8753'35.19 649 22 nun' W 1/4 Cor EX.J�IIBIT �IAP DCTR Cor N)PN3'24'48'W 58�ucNT .25' Sac 20-11-67 See 20-11-67 5 B) S89•27130*V/ 73.20' 0) S8r27.30'W 19.45' ` ' V V , C) R = t 008.80 S W 1/4 P) R - 2250.00 L = 1008.83' L = 1604.90' A = 24•23'20* U \ 7 A= 40'52'06' CH = N61'38'36'W CH = N89.52'5TW 1001.23' \ \ Sec 20- T11N— R6 1571.09' ti o \ \ � wW � D) 540'33'06'W 10.00' \ r CO N4r33'06'E 10.00' \ \ E) R = 2380.00 \\\ \\\ R) R = 2240.00 A =166'31'55' H \\ \\ Y p= 3?54• CH = N41'10'S7 G \\\ \\ CH = N41',0'5TW W \\ 844.08' N N3Y54'59'W 467.28' � \ \\(7-5N S) N32•S4'59"W 46758' i- 0) R = 2220.00 I \\ .; T) R = 2360.00' zL = 488.16' I\\ \ n L = 656.81' I- CH ='39'12'58'W I N A= 1556'28' r 487.18' b CH = 1140'53'13'W Wz 85449' cH) N00'50'47W 28.32' 3 J,0/ � R U) N00'50'4TW 80.19' re cK Y a I) R = n _ \ V) R = 2420.00 >- •.' L = 512.70' �E,, \ \ 30' EXIST. ROW-- L = 527.55' j z a7 A 13'06'50' z \\ \ M p= 12•29'26' 7 O 2 5'CH = S39'28'2E \\ \\ CH = 553'50'29'E o_ c.1 Li 511.58' \\ \\ 526.51' N sm J) S32'54'59% 467.28' E7,s,\ \\ q Z• -J \\ W) SSr21'26hV 40.00' r 3 K) R = 2380.00 \\ BB X) R = 2380.00 0 L = 680.95' K \ L = 196.33' 0 A = 16.31'56' \\\ P A=04'43'34' Lu CH 678.59''STE \\ CH = S35'18'47'E N. \ CC 196.27' —30' EXIST. ROW D N. �� L) N40'33'06% 10.00' N. N. /' N. --. --.. DD Y) 53YS4'59'E 467.28' N) R = 2350.00 ��Q — 2) R = 2220.00 L = 1070.44' SW S.c 2O-11-67 C N \—��. ---- S 1 4 Cor L = x'54' A= 26'05'54'r29 ec —11-67 p=16'31'54'. CH = S8 '52'E ® CH = S41'1015716729'5 S89'27'30"W 2625.64' n 638.32' 3 01 30' EXIST. ROW (basis of bearing) B YA 0 M) S4O33'06'W 10.00' w o 0 200 400 800 88) R = 2230.00 CC) N89.27'30'E 19.45' L = 1590.60' $ NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED A=40'52'03' LAND SURVEY OR LAND SURVEY PLAT. R IS INTENDED TO DO) S00'24'S9'E 20.00' CH = $6r52'57'E g ' i a ILLUSTRATE THE ATTACHED LEGAL DESCRIPTION ONLY. 1557.10' C Le.'. :, WELD COUNTY ATTORNEY'S OFFICE re t 915 TENTH STREET P.O. BOX 758 GREELEY, CO 80632 IDWEBSITE: www.co.weld.co.us CPHONE: (970) 336-7235 FAX: (970) 352-0242 COLORADO November 22, 2004 Gary and Charlotta Wilson 7188 N. 850th Street Robinson, Illinois 62454 VIA CERTIFIED MAIL Re: Consideration by Board of County Commissioners of Weld County, Colorado, of Resolution Authorizing Filing of Proceedings in Eminent Domain Dear Mr. and Mrs. Wilson: On December 8, 2004, at 9:00 a.m., the Board of County Commissioners of Weld County, Colorado, will consider a resolution entitled, "Authorize Filing of Proceedings in Eminent Domain, Pursuant to C.R.S. § 38-1-105, Against Gary L. Wilson and Charlotta C. Wilson." A copy of the resolution is enclosed. Also enclosed is a complete copy of the offer letters referred to in the resolution. The Board's consideration of the resolution will take place during the Board's regular meeting on December 8, 2004, in the Board's First Floor Meeting Room, Weld Centennial Center, 915 10`h Street, Greeley, Colorado. You may be present and give testimony or present other evidence to the Board, if you wish. `S. erel Bruce T. Barker Weld County Attorney Enc. pc: Sam R. Oldenburg Leon Seivers -8 fi,\, a PUBLIC WORKS DEPARTMENT 1111 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 www.co.weld.co.us C. WEBSITE:PHONE (970) 356-4 3750 FAX: (970) 304-6497 COLORADO November 5,2004 Gary and Charlotta Wilson 7188 N. 850th Street Robinson,Illinois 62454 RE: Weld County Road 126 improvement project REVISED FINAL OFFER LETTER Send certified mail,return receipt Dear Gary and Charlotta, Please reference the Notice of Intent to Acquire letter that you received from our office dated April 12, 2004, the Offer letter dated August 17, 2004 and the Final Offer letter dated October 5, 2004,relating to the above referenced project. As per our recent phone conversations, I have modified the Agreement, Temporary Easement form, legal descriptions and photo map to reflect the changes we agreed to and have enclosed the same. As you requested, I contacted Farm Service Company and was told that when Weld County road 15.5 is vacated, it will not be available for CRP because it has not been in crops the previous years. I was also told the Temporary Easement area will remain part of the CRP program because it is only temporary and will be reseeded when construction is completed. I spoke with Mr. Jim Barnes on the phone and it was determined that he is a leaseholder on the property. As such, the lease agreement is between you, the Lessor, and Mr. Barnes, the Lessee. Weld County will not be compensating Mr. Barnes for any damages. All of the documents referenced above constitute and are relative to Weld County's offer to acquire the necessary property interests for the project. Please review this information and if needed, I would be happy to discuss this offer further. If not,please sign the Agreement form, Easement form and W-9 form(s)as marked and return them in the enclosed self addressed stamped envelope. Once received, I will forward to the Board of County Commissioners for their approval. When signed, I will request a check and send the check along with a Deed of Dedication form for your signature. This process generally takes 3 to 4 weeks. If we have not received the signed documents or some other form of acceptance by not later than 5:00 p.m.,November 19, 2004,then we will conclude that the non-response is a rejection of this offer and be obliged to request the commencement of condemnation proceedings to acquire the property. As always, if you have any questions or comments,please call. My direct extension is #3785. My office hours are M-F 7:00am to 3:30pm and I can be reached on my cell, # 302-8265. Sincerely Leon Sievers, PLS Right of Way Agent cc. Sam Oldenburg AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 126 BETWEEN GARY L. WILSON AND CHARLOTTA C. WILSON AND WELD COUNTY, COLORADO THIS AGREEMENT is made this day of ,2004,by and between Gary L. Wilson and Charlotta C. Wilson, whose address is 7188 N. 850th Street,Robinson,Illinois 62454, hereinafter referred to as Owners,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 915 10th Street, Greeley, Colorado 80631 hereinafter referred to as County. WITNESSETH: WHEREAS,County finds it necessary to rebuild and improve Weld County Road 126,and WHEREAS, Owners own the property described in the attached Exhibit "A" and Exhibit "C", hereinafter referred to collectively as Right-of-Way,and WHEREAS, County needs the Right-of-Way in order to complete said rebuilding and improvement project, and WHEREAS, said rebuilding and improvement project involves the construction and realignment of said roadway, and WHEREAS, Owners wish to cooperate with County in said road improvement. NOW, THEREFORE,the parties herein agree as follows: 1. Owners agree to sell and County agrees to purchase the Right-of-Way shown and/or described on Exhibit"A"and Exhibit"C",attached hereto and hereinafter referred to herein as the Right-of-Way for the sum of Eight Thousand Two Hundred Ninety Four and no/100 ($8294.00) dollars.This consideration is being offered in lieu of condemnation 2. Owners agree to grant the Right-of-Way to County by Deed of Dedication, free and clear of all encumbrances,except existing easements.Owners shall retain the mineral estate under the Right of Way,including oil and gas,and shall also retain any water rights currently attached or associated with the Right of Way. 3. County agrees to pay the costs of title insurance and recording fees, if necessary as determined by County. 4. The parties hereby agree that neither has made or authorized any agreement with respect to Page 1 of 3 Pages the subject matter of this instrument other than 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, hereto. 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. 5. Although the date of the transfer of the Right-of-Way shall be the date of the delivery of the documents of conveyance,it is expressly agreed by the parties hereto that upon execution of this Agreement by County and Owners,County,its contractors, agents, employees, and all others deemed necessary by County shall have the irrevocable right to possess and use all of the Right-of-Way for the purpose of said rebuilding and improvement project. Date of payment of compensation is the date of delivery of the Deed of Dedication. 6. Owners warrant that he/she is the owner of the Right-of-Way and will defend title thereto against all claims. 7. General taxes for the year 2004 for the Right-of-Way shall be apportioned to the date of delivery of the deed based on the most recent levy and the most recent assessment. Owners represent and warrant that all general taxes levied prior to such year have been paid in full by Owners. 8. County will remove approximately 2300 If of fence presently located along the northerly right-of-way line of Weld County Road 126 in the Southeast One-Quarter of Section 20, Ti lN, T67W. County will construct a four strand barbed wire, steel and wood post fence with post spacing approximately every 16 feet and a wood post set approximately every fourth post. The new fence will be constructed along the new right-of-way lines of Weld County Road 126 in the Southeast One-Quarter and the Southwest One-Quarter of Section 20,T11N,R67W. The new fence will be constructed at the completion of the road project. 9. When the new road is completed and opened to traffic, County will vacate and obliterate Weld County road 15.5 as it exists between Weld County road 126 and Weld County road 126.5. Said road is located along the East line of the Southwest One-Quarter of Section 20, T11N,R67W. County will remove the existing gravel, remove the existing fences, scarify and prepare the subgrade and seed the disturbed area. Driveways and wire gates will be installed at both ends, if requested by owner. 10. County will install a driveway to serve the existing non-improved right-of-way along the South line of the Southwest One-Quarter of Section 20, T11N, R67W. 11. Owner to grant a Temporary Construction Easement, in substantially the form as the Temporary Construction Easement form included as Exhibit"E".The County will reimburse the Owner the sum of Eight Hundred Fifty Eight and no/100 ($858.00) dollars for the execution of this easement. Page 2 of 3 Pages 12. County intends to install two driveway culverts under the existing driveways located along the north side of Weld County road 126 and in the Southeast corner of the Southeast One- Quarter of Section 20,T11N,R67W. The driveways serve the existing residence in that area. In order to complete this installation,Owner will grant County a Right to Enter over a fifteen foot strip of land located immediately north of the existing right-of-way of Weld County road 126 to allow for sufficient room to install the culverts.The Right to Enter form is included as Exhibit"F". IT IS MUTUALLY AGREED that the terms and conditions of this Agreement shall extend to and be binding upon the heirs, executors, administrators, successors, and assigns of the respective parties hereto. IN WITNESS WHEREOF, the parties have set their hands on the day and year first aboxie written. r9 ''.; OWNER: $. � " OWNER: • 1 4„.7t2:471. S.Y`L" Gary L. Wilson, Owner ; Charlotta C. Wilson, Owner -' � ' TAX ID NUMBER: t TAX ID NUMBER: Al PEST: BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, STATE OF COLORADO Weld County Clerk to the Board By: BY: Deputy Clerk to the Board Robert D.Masden, Chairman Page 3 of 3 Pages EXHIBIT A DEED LEGAL DESCRIPTION A parcel of land located in the Southeast One-Quarter of Section 20, Township 11 North, Range 67 West of the Sixth Principal Meridian, County of Weld, State of Colorado and more fully described as follows: Commencing at the Southeast corner of the Southeast One-Quarter of said Section 20, from whence the South Quarter corner of said Section 20 bears S89°26'00"W,with all bearings contained herein relative thereto;thence N85°24'28"W a distance of 333.64 feet to a point on the North right-of-way line of Weld County road 126 and the POINT OF BEGINNING; thence S89°26'00"W along said North right-of-way line a distance of 2274.05 feet to the East right-of-way line of Weld County road 15.5;thence N00°24'59"W along said East right-of-way line a distance of 10.00 feet; thence N89°26'00"E a distance of 2273.85 feet; thence S0l°34'48"E a distance of 10.00 feet to the POINT OF BEGINNING and containing 0.522 acres,more or less. The above description was prepared by Leon Sievers,Right-of-Way Agent, in and for Weld County, Colorado and is based on survey information provided by Aero-Metric, Inc. 4708 S. College Ave.,Ft. Collins, Colorado 80525 N: 4 $iAriii "" unlln\\d•\ EXHIBIT MAP A Sl N p qt�t Oo it a. ` NOO'24'S9"W ,�®N5 77 T N O 8 8 N W 8 m E n CD PLA \, N a ix t• (\.) C/1 N N p O 0 0 L=J 2. 0 -4 � f N II y a N V I-4 , alZ N FI a) n �. o g.T o g 4 P k a ' 17 N00'13'31"W LA'^ P p �n 4-I 03 4' ,i111:.:1/2 .. 01 17;-•; ", In co O — , to; '"' Q23520 • _ ^200 400 800 . V 'I‘'(�y\ i� — �r air '//011,1 IIIIIII\\ NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED LEGAL DESCRIPTION ONLY. WELD COUNTY PUBLIC WORKS DEPARTMENT saver LYS DESIGN WELD COUNTY ROAD 126 DEED 1 - 4 JJ DESCRIPTION mat April 2, 2004 EXHIBIT MAP EXHIBIT C DEED LEGAL DESCRIPTION A parcel of land located in the Southwest One-Quarter of Section 20, Township 11 North, Range 67 West of the Sixth Principal Meridian, County of Weld, State of Colorado and more fully described as follows: Commencing at the Southeast corner of the Southwest One-Quarter of said Section 20, from whence the Southwest corner of said Section 20 bears S89°27'30"W, with all bearings contained herein relative thereto; thence N45°28'44"W a distance of 42.38 feet to a point on the North right-of-way line of Weld County road 126,the West right-of-way line of Weld County road 15.5 and the POINT OF BEGINNING; thence S89°27'30"W along said North right-of-way line a distance of 618.59 feet to a point of non-tangent curve to the right; thence 1070.44 feet along the arc of said curve whose radius is 2350.00 feet, central angle is 26°05'55"and whose chord bears N62°29'52"W a distance of 1061.21 feet;thence S40°33'06"W a distance of 10.00 feet to a point of non-tangent curve to the right;thence 680.95 feet along the arc of said curve whose radius is 2360.00 feet, central angle is 16°31'55"and whose chord bears N41°10'57"W a distance of 678.59 feet;thence N32°54'59"W a distance of 467.28 feet to a point of non-tangent curve to the left; thence 512.70 feet along the arc of said curve whose radius is 2240.00 feet, central angle is 13°06'50"and whose chord bears N39°28'25"W a distance of 511.58 feet to the East right-of-way line of that right-of-way acquired in the Resolution of 1889; thence N00°50'47"W along said right-of-way a distance of 165.12 feet to a point of non-tangent curve to the right; thence 656.60 feet along the arc of said curve whose radius is 2360.00 feet, central angle is 15°56'28"and whose chord bears S40°53'13"E a distance of 654.49 feet; thence S32°54'59"E a distance of 467.28 feet to the point of non-tangent curve to the left; thence 646.32 feet along the arc of said curve whose radius is 2240.00 feet and central angle is 16°31'54"and whose chord bears S41°10'57"E a distance of 644.08 feet; thence 540°33'06"W a distance of 10.00 feet to a point of non-tangent curve to the left; thence 1604.90 feet along the arc of said curve whose radius is 2250.00 feet, central angle is 40°52'06"and whose chord bears $69°52'57"E a distance of 1571.09 feet; thence N89°27'30"E a distance of 19.45 feet to the West right-of-way line of Weld County road 15.5;thence S00°24'59"E along said West right-of-way line a distance of 20.00 feet to the POINT OF BEGINNING and containing 7.772 acres,more or less. The above description was prepared by Leon Sievers,Right-of-Way Agent, in and for Weld County, Colorado and is based on survey information provided by Aero-Metric, • Inc.4708 S. College Ave.,Ft. Collins, Colorado 80525 S 1/4 20 C11r 67 ® S W 1/4 ® See 20r .q - Sac 20-11-67 IS Sec 20— T11N- R67W i _ CO N00'50'4TW 165.12' R = 2360.00 L = 656.60' A= 15'56'28• CH = S40'53'13'E C_1 Loci) 654.49' J L `%1 V w � R = 2240.00 832'54'59•E 467.28' ) [V? L = 512.70' / / / W O= 1so6'so• t ll q CH = 8'25•W R = ; 00 511.58' L =511.5 n r A= 16'31'54• 4 co CH = S41'10'57•E b F L// 644.08' z a N w Y N32•54.59.14467.28' p 540'33'06"W 10.00' 30' IXLST. ROW rn a a b R = 2360.00 p '1L = 680.95' IX re r Y H = 18'31'55' R = ,604.90 a Z - CH = N41.10'57•W L = 1804.90' J 678.59' CH= 40'52'06• j p = CH = 569'52'57"E w a U W 1571.09' oig � Z teiboisi-.11 `1/4a. 9189•27'30419189•27'30'119.15' o$ 0 )3 3CJ u 540'33'O6•W 10.00' k 500'24'59"E 20.00' ` io p HL.1......„ ca030' IXL5T. ROWL = 1070.44' NI528'44"W 42.38 6tA = 26'05'55" rc��n CH = N8Y29'52•W I-Sc 1081.21' $°' CAN / 11710--Cg-67 1/4 Cor p g„o SW Cor See 20-11-87 y �r0,i Sec 20-11-87 30' EXIST. ROW 689'27.301'W 618.59' - $ ��< N 20W id 589'27'30"W 2625.64' & zsb i Lp W J 5, . (basis of bearing) 'Egg 3 o iz'� i' j IIas TEMPORARY CONSTRUCTION EASEMENT A Temporary Construction Easement between Gary L. Wilson and Charlotta C. Wilson, whose address is 7188 N. 850th Street, Robinson,Illinois 62454, Grantor 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 915 10th Street Greeley, Colorado 80631,Grantee. Grantor hereby grants to the Grantee, its contractors, agents and all others deemed necessary by Grantee, a Temporary Construction Easement. Said Temporary Construction Easement is for grading and shaping,placement of erosion control devices, survey stakes, stockpiles of material, earth and topsoil,parking area for equipment during the construction of improvements to Weld County Road#126 and seeding and reseeding if necessary, in and to, over, under and across the following described land: SEE EASEMENT EXHIBIT"B"AND"D" Together with all rights and privileges as are necessary or incidental to the reasonable and proper use of such easement. Said temporary easement is subject to the following conditions and covenants: 1. Said Temporary Construction Easement shall commence on November 30, 2004, and shall expire and be of no further force or effect on December 31,2006. 2. During the term of this temporary easement, Grantor shall not erect or construct, or allow to be erected or constructed, any building or other structures which may interfere with Grantee's full enjoyment of the rights hereunder. 3. As a condition of the granting of this Temporary Construction Easement,the Grantee covenants and agrees to restore said lands to a level comparable to their original condition. 4. All of the covenants herein contained shall be binding upon and inure to the benefit of the parties hereto, their respective personal representatives, successors and assigns. 5. When road construction is completed, Grantee will reseed the area of the temporary easement with a seed mix that is specified by Natural Resources Conservation Service. 6. Grantee will reimburse Grantor the sum of Eight Hundred Fifty Eight and no/100 ($858.00) dollars for the execution of this Temporary Construction Easement. IT IS MUTUALLY AGREED AND ACCEPTED that the terms and conditions of this Temporary Construction Easement shall extend to and be binding upon the heirs, executors, administrators successors and assigns of the respective parties hereto. Gary L. Wilson, Owner Charlotta C. Wilson, Owner TAX ID NUMBER: TAX ID NUMBER: STATE OF COLORADO ) )ss COUNTY OF WELD ) The foregoing instrument was acknowledged before me this day of ,20_,by Gary L.Wilson and Charlotta C. Wilson, Owners. Witness my hand and official seal. Notary Public My commission expires: GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose set forth herein. Al TEST: . COUNTY OF WELD, STATE OF COLORADO, GRANTEE Deputy Clerk to the Board Robert D. Masden, Chairman,Board of County Commissioners. Page 2 of 2 pages EXHIBIT B EASEMENT LEGAL DESCRIPTION A parcel of land located in the Southeast One-Quarter of Section 20,Township 11 North, Range 67 West of the Sixth Principal Meridian, County of Weld, State of Colorado and more fully described as follows: Commencing at the Southeast corner of the Southeast One-Quarter of said Section 20, from whence the South Quarter corner of said Section 20 bears S89°26'00"W,with all bearings contained herein relative thereto; thence N83°42'22"W a distance of 334.86 feet to the POINT OF BEGINNING; thence S89°26'00"W a distance of 2273.85 feet to the East right-of-way line of Weld County road 15.5;thence N00°24'59"W along said East right-of-way line a distance of 20.00 feet; thence N89°26'00"E a distance of 2273.44 feet; thence S01°34'48"E a distance of 20.00 feet to the POINT OF BEGINNING and containing 1.044 acres,more or less. The above description was prepared by Leon Sievers,Right-of-Way Agent, in and for Weld County, Colorado and is based on survey information provided by Aero-Metric, Inc. 4708 S. College Ave.,Ft. Collins, Colorado 80525 0nuuu„ ft/PS \o�QP�WRSG/ � 94, (Pp 23520 i = EXHIBIT MAP B '. • N. FO 7' N0724'59'W ® f�'l bet` €__. �� .' a 77 a I n tl i p p O i S I O S Pi O in co•r cn 1 Id a'IA at a 8 CD ELI 0 at o Il —J I t G' 1-3 I--' I 6 I-. o t%) 1-� top 3 y LI Nt J rn j g P CA �u, r� N00.13'31'W Fr.' a^ \\\111111111 ,� T Sit 7 • C'.Oa a �• o J _ p23520 0 200 400 Boo 4L LANK \\\'"\\ 14"1 r 1 I� I rl1111IIIII NOW THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND ILLUSTRATE TE THE ATTACHED OR LEGAL PDESCRIPTIONINTENDED LY. TO WELD COUNTY PUBLIC WORKS DEPARTMENT survey LW! DEIII.x WELD COUNTY ROAD 126 EASAfENT 2 - 4 MAIM JJH DESCRIPTION OAT! AprR e, 2004 EXHIBIT MAP EXHIBIT D EASEMENT LEGAL DESCRIPTION SOUTH EASEMENT A parcel of land located in the Southwest One-Quarter of Section 20,Township 11 North, Range 67 West of the Sixth Principal Meridian, County of Weld, State of Colorado and more fully described as follows: Commencing at the Southeast corner of the Southwest One-Quarter of said Section 20, from whence the Southwest corner of said Section 20 bears S89°27'30"W,with all bearings contained herein relative thereto; thence N87°53'35"W a distance of 649.22 feet to a point on the North right-of-way line of Weld County road 126 and the POINT OF BEGINNING;thence S89°27'30"W along said North right-of-way line a distance of 73.20 feet to a point of non-tangent curve to the right; thence 1008.83 feet along the arc of said curve whose radius is 2370.00 feet, central angle is 24°23'20"and whose chord bears N61°38'36"W a distance of 1001.23 feet; thence S40°33'06"W a distance of 10.00 to a point of curve to the right; thence 686.72 feet along the arc of said curve whose radius is 2380.00 feet, central angle is 16°31'55"and whose chord bears N41°10'57"W a distance of 684.34 feet; thence N32°54'59"W a distance of 467.28 feet to a point of curve to the left;thence 488.16 feet along the arc of said curve whose radius is 2220.00 feet, central angle is 12°35'56" and whose chord bears N39°12'58"W a distance of 487.18 feet to the East right-of-way line o:f that right-of-way acquired in the Resolution of 1889; thence N00°50'47"W a distance of 28.32 feet to a point of non-tangent curve to the right; thence 512.70 feet along the arc of said curve whose radius is 2240.00 feet,central angle is 13°06'50"and whose chord bears S39°28'25"E a distance of 511.58 feet; thence S32°54'59"E a distance of 467.28 feet to the point of tangent curve to the left;thence 680.95 feet along the arc of said curve whose radius is 2360.00 feet, central angle is 16°31'56"and whose chord bears S41°10'57"E a distance of 678.59 feet; thence N40°33'06"E a distance of 10.00 feet to a point of non-tangent curve to the left; thence 1070.44 feet along the arc of said curve whose radius is 2350.00 feet, central angle is 26°05'54"and whose chord bears$62°29'52"E a distance of 1061.21 feet to the POINT OF BEGINNING and containing 1.235 acres,more or less. NORTH EASEMENT A parcel of land located in the Southwest One-Quarter of Section 20, Township 11 North, Range 67 West of the Sixth Principal Meridian, County of Weld, State of Colorado and more fully described as follows: Commencing at the Southeast corner of the Southwest One-Quarter of said Section 20, from whence the Southwest corner of said Section 20 bears S89°27'30"W,with all bearings contained herein relative thereto;thence N31°24'48"W a distance of 58.25 feet to a point on the West right-of-way line of Weld County road 15.5 and the POINT OF BEGINNING; thence S89°27'30"W a distance of 19.45 feet to a point of tangent curve to the right; thence 1604.90 feet along the arc of said curve whose radius is 2250.00 feet, central angle is 40°52'06"and whose chord bears N69°52'57"W a distance of 1571.09 feet; thence N40°33'06"E a distance of 10.00 feet to a point of non-tangent curve to the right; thence 646.32 feet along the arc of said curve whose radius is 2240.00 feet, central angle is 16°31'54" and whose chord bears N41°10'57"W a distance of 644.08 feet; thence N32°54'59"W a distance of'467.28 feet to a point of curve to the left;thence 656.61 feet along the arc of said curve whose radius is 2360.00 feet, central angle of 15°56'28" and whose chord bears N40°53'13'W a distance of 654.49 feet to the East right-of-way line of that right-of-way acquired in the Resolution of 1889; thence N00°50'47"W a distance of 80.49 feet to a point of non-tangent curve to the right; thence 527.55 feet along the arc of said curve whose radius is 2420.00 feet,central angle is 12°29'26" and whose chord bears S53°50'29"E a distance of 526.51 feet; thence S52°21'26"W a distance of 40.00 feet to the point of non-tangent curve to the right; thence 196.33 feet along the arc of said curve whose radius is 2380.00 feet, central angle is 04°43'34" and whose chord bears S35°16'47"E a distance of 196.27 feet;thence S32°54'59"E a distance of 467.28 feet to the point of curve to the left; thence 640.54 feet along the arc of said curve whose radius is 2220.00 feet, central angle is 16°31'54" and whose chord bears S41°10'54"E a distance of 638.32 feet;thence S40°33'06"W a distance of 10.00 feet to a point of non-tangent curve to the left;thence 1590.60 feet along the arc of said curve whose radius is 2230.00 feet, central angle of 40°52'03"and whose chord bears $69°52'57"E a.distance of 1557.10 feet;thence N89°27'30"E a distance of 19.45 feet to the West right-of-way line of Weld County road 15.5; thence S00°24'59"E along said West right-of-way line a distance of 20.00 feet to the POINT OF BEGINNING and containing 2.024 acres,more or less. The above descriptions were prepared by Leon Sievers,Right-of-Way Agent, in and for Weld County, Colorado and was based on survey information provided by Aero-Metric, Inc. 4708 S. College Ave.,Ft.Collins, Colorado 80525 ) NB TEMP CONSTRUCTION EA$YEHi EXHIBIT HAP D CTR Cor NORTH N)P. COIeO 8 W 38n uENr ..q- A) NST53'35"W 649.22' W 1/4 tor Sec 20-11-67 Sec 20-11-87 6 B) 589'27'30"W 73.20' 0) 689'27'30'W 19.45' V C) R = 1008.83' 2370.00 LS W 1/4 P> R = 2250.00 L = 1 L = 1604.90' A= 24'23'20" U \ T A= 40'52'06" CH = 661'38'36"W S e c 20— T11 N— R6 7 W CH = H69.52'57.8 1001.23' N \ 1571.09' D) 340'33'06.W 10.00' \\\\il/7—X \ Q) 640.33'06"E 10.00' W QI E) R = 2380.00 N� \\\ R) R = 2240.00 �rsI L = 686.72' \\ \ L = 846.32' V A= 16'31'55" \ \ C` CH = 641.10'57"W H \ Y p= 16.31'54" '`I x.34, GJ \ / \\\ \\ CH = 641.10'57". W 6,4.06 N I') N3T54'59"W 467.28' \ \ p 5) 63x54'59 . 46728' I-G) L = 428.16' I \ \\ 3 w T) R = 2360.00' L = 488.16' n L = 656.61' I�- p= 1x35'56" Y A= 15'56'28" CH 48 181,139•12' \ p cgs CH = 840'53'13'. th — J1:7\\\ \\\\:: �C Z z 854.49' o Q H) 600'50'47"W 28.32' n r �� R U) 600'50'47"W 80.49' o cl cz Q R = 2240.00 b \ \ 3 E- I— to \ V) R = 2420.00 L = 512.70' b \ \\\ 30' EXIST. ROW L = 527.55' 2 Z w p= 73'06'50" z �\ A= 12'29.26" o6 2 CH = 539'28'25"E / \ \ M CH = 553'50'29"E d CI x 511.58' J/ \\ \\ 526.51' Li a.. Q J) 53x54'59'E 467.28' E \\ \\ Q • Z —I \\ W) 66x21 zs"w 40.00' 0 3j".\, = \ \ K) 0'0 K \ \\ BB X) R = 2380.00 t) L = 860.95 \\ \ L = 196.33' -I p = 1&31'56" \ \\ P w CH = 541'10'57"E \ \\ p=� 3 678.59' N......7 N.\\ \ CH = S35'I6'47'E — \ CC 196.27' 30' EXIST. ROW D T\\�\ \ N. L) 640'33'06"E 10.00' J/// CD Y) 53r54'59'E 16728' LM) R = 2350.00 � � ?_—— Z) R = 2220.00 L = 1070.44' SW Car C �� — Sec L = 640.54' A = 26'05'54" Sac 20-11-67 M ^ S 1/4 Cor p=16'31'54" CH = 56729'52"E ® Sac 20-11-67 CH = "31'f0.5TE 1061.21' 2625.64' n s3s 3z' 0 30' easT, ROW (basis of bearing) 0 AA) 640'33.06". 10.00' le B A0 i O�O�aaa� I CC) 689'27 400 gm '30% 19.45' BB)LR -1522306000 a NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED DD) 500'24'59"E 20.00' A=40'52'03" LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO CH = 569'52'57"E i 2 ILLUSTRATE THE ATTACHED LEGAL DESCRIPTION ONLY. 1557.10' a res PUBLIC WORKS DEPARTMENT 1111 H STREET P.O. BOX 758 IID GREELEY, COLORADO 80632 WEBSITE: www.co.weld.co.us O PHONE (970) 356-4000, EXT. 3750 Wipe FAX: (970) 304-6497 COLORADO • October 5, 2004 Gary and Charlotta Wilson RR#4,Box 77 Robinson, Illinois 62454 RE: Weld County Road 126 improvement project FINAL ONNLR LETTER Dear Gary and Charlotta; As you have been previously notified, Weld County has endeavored to purchase certain property interests from you for the Weld County road 126 improvement project. The necessary property interests are shown in the attached Exhibits "A", "B","C"and"D". A review of our previous discussion is as follows: • On January 15, 2003 I spoke to you by phone and wanted to discuss the upcoming project and the overall scope of work. Your only response to the project was "not interested". When asked if we could get permission to do some surveying, your response again was "not interested". You requested a fax from me identifying myself and my position with the County. I told you I would call again before 6am or after 6pm as you requested. • On January 16, 2003, I faxed a letter describing the project and our need for additional right-of-way. You called be back with a phone number of 618-544-7632. You said to call on the 21st after 6:30 pm. • On January 21, 2004, at 6:40 pm central time, I called. You stated the only place you would give us permission to build the road was between the existing fences. You do not want a road to cross your property at a 45° angle. You said we should have built the road one mile further to the north to start with. I told you we would obliterate and seed the - 1 - existing road when the new one was built and would give the old road back to you. Your only response was "you'd better not get on my property". You once again stressed how much you did not want the road built, especially at a 45° angle across your property. You then stated we should build it straight west over the ridge. When I explained how building it straight west over the ridge or along the existing right of way which is between the fences was not feasible from an engineering standpoint, you stated"I'm not going to let it happen". I told you that we were going to proceed, you said don't talk to me anymore and you hung up. • On April 14,2004, after a delay in the design of the project, I sent a Letter of Intent to Acquire Property and Authority to Obtain Appraisal, a copy of the Colorado Revised Statues Section 38-1-121 covering appraisals, color coded map, Exhibit"A", "B", "C" and "D"Legal Descriptions and Maps and a Permission for Entry Upon Real Property form to you for your review and signature. I have included copies of the documents. • On approximately May 20, 2004, I received a voice mail from you stating to send copies of all documents to Mr. Bud Clemons. • On May 25, 2004, at your request, I sent copies of the minimum appraisal requirements, Exhibits"A", "B", "C" and"D" Legal Descriptions and Maps to Mr. Clemons. • On approximately June 20, 2004, I spoke with Attorney Sam Oldenburg who informed me that he is your attorney in this matter and asked to receive copies of the Notice of Intent to Acquire and any offer the County would present and asked for an additional two weeks for your appraiser to review the offer, once received. I informed him that we still needed to receive the signed Right-to-Enter form so we could survey the proposed new right-of-way for both appraisers to view. Mr. Oldenburg stated he would call you and ask that you forward that signed agreement to the County. • On June 28, 2004, I received the signed Right-to-Enter form by fax. • On June 29 and 30, 2004, County survey crews set stakes along the proposed right-of- way. • On August 2, 2004, I received the appraisal report from McCarty Land &Water Valuation, Inc. 1427 West 29th Street, Loveland, Colorado 80538. • On August 16, 2004, I sent a letter to Mr. Arnold Germann, Farm Service Agency, 4302 W. 9th Street, Greeley, Colorado explaining the project and the area being acquired. Farm Service Agency administers the CRP fund. • On August 17, 2004, I sent an Offer Letter that included an Agreement, Colored Right of Way Map showing the right of way needed,request for tax payer identification form (W- 9), Exhibit"A", "B", "C" and"I)" Legal Descriptions and Exhibit maps, Easement form, - 2 - copy of the Appraisal of the parcel by McCarty Land &Water Valuation, Inc. 1427 West 29th Street, Loveland, Colorado 80538, copy of the plans including x-sections and profiles, per Mr. Oldenburg's request, and right-to-enter form for your review and/or comment and signature. Copies were sent to Attorney Sam Oldenburg as he requested. To date we have not received a signed agreement on the terms for this acquisition, however, Weld County still prefers to settle this matter by mutual agreement. We have had contact with Attorney Sam Oldenburg but have not heard from you directly. In our discussions, Mr. Oldenburg has not brought forth any concerns from you about the appraisal, project or scope of work, Therefore, an Agreement form setting forth the County's offer of$ 9766.00 for the necessary property interests is enclosed together with Exhibit"A", "B", "C" and "D"Legal Descriptions and Exhibit Maps and W-9 forms which are again being sent for your signature. The amount offered is the total compensation for all interests in the property described in said Exhibits, including damages, if any, to the remainder of your property. Again enclosed is a copy of the Appraisal from McCarty Land & Water Valuation, Inc. for your use. If you wish to accept our Final Offer,please sign the enclosed Agreement and W-9 forms and return them to us. If we have not received this or some other form of acceptance by not later than 5:00 p.m., October 20, 2004, then we will conclude that the non-response is a rejection of this offer and be obliged to request the commencement of condemnation proceedings to acquire the property. I have included a copy of a Possession and Use Agreement which you may choose to sign instead of the above mentioned Agreement. This Possession and Use Agreement allows for the County to go forward with the road project while we continue to address any issues and comments you may have. This document allows for additional time for us to reach an agreement with those issues. Please consider this agreement. If you chose to execute this agreement, please sign where indicated and return along with the W-9 forms. Once received, I will forward to the board of County Commissioners for their approval. Once approved, a check in the amount listed in the agreement will be sent to you. As always, should you have questions or comments, please call. My direct extension is #3785 and my cell phone# is 970-302-8265. My office hours are M-F 7:00am to 3:30pm. Sincerely, Leon Sievers, PLS Right of Way Agent - 3 - POSSESSION AND USE AGREEMENT THIS AGREEMENT is made by and between Gary L. Wilson and Charlotta C. Wilson, whose address RR#4, Box 77, Robinson, Illinois 62454, 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 915 10th Street, Greeley, Colorado 80631, hereinafter referred to as "County" for the purpose of granting the irrevocable right to possession and use to County, its contractors, agents and all others deemed necessary by County for the purpose of rebuilding and constructing a portion of Weld County road 126. The property involved is described as Exhibit"A","B","C"and"D" and Exhibit maps attached hereto and made a part hereof by reference. 1. In consideration of this irrevocable grant of possession, mutual promises and covenants contained herein, County will tender the Owner the sum of Nine Thousand Seven Hundred Sixty Six and no/100 ($9766.00) dollars. The County shall be entitled to take possession upon execution of this agreement. It is understood the sum tendered represents 100 percent of the County's value of just compensation owed to the Owner. It is agreed this sum shall be deducted from any final settlement amount, award, or verdict. It is also agreed in the event the ultimate settlement amount, award, or verdict is less than this amount, the Owner shall refund the difference to the County. 2. The Owner represents that the title to the property is free and clear of all liens and encumbrances,warrants and will defend title thereto against all claims. 3. Owner agrees to grant the right of way to County by Deed of Dedication. 4. Owner agrees to grant a Temporary Construction Easement, in favor of County, for access to and the construction of roadway ditches, culverts and new fences. The Temporary Construction Easement is attached herein and is made part of the agreement and shall be executed with this agreement. 5. This agreement is made with the understanding the County will continue to negotiate in good faith with the Owner to acquire the interest in the property. It is further understood in the event a settlement is not reached within 90 days of the signing of this agreement, such failure will be a confession that the negotiations to acquire the propertied described herein have proved futile. At this point,the County may begin proceedings in eminent domain to acquire title to the property herein described. The County shall not unreasonable delay the commencement of proceedings under the eminent domain law once the time provided for in this paragraph has expired. If the County begins proceedings in eminent domain, it is understood and agreed this agreement shall continue in effect until either a - 1 - settlement is reached or a rule and order is entered by the court, as provided for in C.R.S. 38-1-105(3). 6. It is agreed by the undersigned, in the event proceedings in eminent domain are begun, the valuation day for determining the amount of just compensation shall be the date on which payment was tendered to the owner, pursuant to paragraph one above. 7. This Agreement shall be deemed a contract and shall bind the parties and shall extend to and bind their heirs, executors, administrators, legal representatives, successors, and assigns. 8. This Agreement embodies all of the 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. IN WITNESS WHEREOF, the parties hereto have subscribed their names this _ day of 2004. OWNER: OWNER: Gary L.Wilson Charlotta C. Wilson Al VEST: WELD COUNTY, COLORADO, BY AND THROUGH THE BOARD OF COUNTY CLERK TO THE BOARD COMMISSIONERS OF WELD COUNTY BY: BY: Deputy Clerk to the Board Robert D.Masden,Chair - 2 - rit PUBLIC WORKS DEPARTMENT 1111 H STREET P.O. BOX 758 ' C GREELEY, COLORADO 80632 WEBSITE: www.co.weld.co.us 000, EXT.O PHONE (970)FAX: (970) 304-6497 COLORADO August 17, 2004 Gary and Charlotta Wilson RR#4, Box 77 Robinson, Illinois 62454 RE: Weld County Road 126 improvement project OFFER LETTER Send certified mail, return receipt Dear Gary and Charlotta, Please reference the Notice of Intent to Acquire letter that you received from our office dated April 12, 2004, relating to the above referenced project. Weld County has obtained an appraisal of the property interests to be acquired from you and, therefore, Weld County is now in a position to present its offer to you. Enclosed wil:h this letter are the following documents: • Agreement • Right of Way map colored to demonstrate the proposed acquisition • Request for taxpayer identification form (W-9) • Exhibits and Legal Descriptions • Temporary/Permanent Easement forms • Copy of the appraisal report from Weld County's appraiser • Copy of the plans, including x-sections and profiles • Right to Enter form All of the documents referenced above constitute and are relative to Weld County's offer to acquire the necessary property interests for the project. Please review this information and if needed, I would be happy to discuss this offer further. If not,please sign the Agreement form, Easement form, Right to Enter form and W-9 form(s) as marked and return them in the enclosed self addressed stamped envelope. Once received, I will forward to the Board of County Commissioners for their approval. When signed, I will request a check and send the check along with a Deed of Dedication form for your signature. This process generally takes 3 to 4 weeks. Thank you and if you have any questions or comments, please call. My direct extension is#3785. My office hours are M-F 7:00am to 3:30pm and I can be reached on my cell, # 302-8265. Sincerely, Leon Sievers, PLS Right of Way Agent cc. Sam Oldenburg TEMPORARY CONSTRUCTION EASEMENT A Temporary Construction Easement between Gary L. Wilson and Charlotta C. Wilson, whose address is RR#4, Box 77,Robinson, Illinois 62454, Grantor 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 915 10`h Street Greeley, Colorado 80631, Grantee. Grantor hereby grants to the Grantee, its contractors, agents and all others deemed necessary by Grantee, a Temporary Construction Easement. Said Temporary Construction Easement is for grading and shaping,placement of erosion control devices, survey stakes, stockpiles of material, earth and topsoil,parking area for equipment during the construction of improvements to Weld County Road##126 and seeding and reseeding if necessary, in and to, over, under and across the following described land: SEE EASEMENT EXHIBIT "B"and"D" Together with all rights and privileges as are necessary or incidental to the reasonable and proper use of such easement. Said temporary easement is subject to the following conditions and covenants: 1. Said Temporary Construction Easement shall commence on November 15, 2004, and shall expire and be of no further force or effect on December 31,2006. 2. During the term of this temporary easement, Grantor shall not erect or construct, or allow to be erected or constructed, any building or other structures which may interfere with Grantee's full enjoyment of the rights hereunder. 3. As a condition of the granting of this Temporary Construction Easement, the Grantee covenants and agrees to restore said lands to a level comparable to their original condition. 4. All of the covenants herein contained shall be binding upon and inure to the benefit of the parties hereto, their respective personal representatives, successors and assigns. 5. When road construction is completed, Grantee will reseed the area of the temporary easement with a seed mix that is specified by Natural Resources Conservation Service. 6. Grantee will reimburse Grantor the sum of Eight Hundred Fifty Eight and no/100 ($858.00) dollars for the execution of this Temporary Construction Easement. IT IS MUTUALLY AGREED AND ACCEPTED that the terms and conditions of this Temporary Construction Easement shall extend to and be binding upon the heirs, executors, administrators successors and assigns of the respective parties hereto. Gary L. Wilson, Owner Charlotta C. Wilson, Owner TAX ID NUMBER: TAX ID NUMBER: STATE OF COLORADO ) )ss COUNTY OF WELD ) The foregoing instrument was acknowledged before me this day of , 20_,by Gary L. Wilson and Charlotta C. Wilson, Owners. Witness my hand and official seal. Notary Public My commission expires: GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose set forth herein. ATTEST: COUNTY OF WELD, STATE OF COLORADO, GRANTEE Deputy Clerk to the Board Robert D. Masden, Chairman, Board of County Commissioners. Page 2 of 2 pages AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 126 BETWEEN GARY L. WILSON AND CHARLOTTA C. WILSON AND WELD COUNTY, COLORADO THIS AGREEMENT is made this day of ,2004,by and between Gary L. Wilson and Charlotta C. Wilson, whose address is RR#4, Box 77, Robinson, Illinois 62454, hereinafter referred to as Owners,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 915 10th Street, Greeley, Colorado 80631 hereinafter referred to as County. WITNESSETH: WHEREAS,County finds it necessary to rebuild and improve Weld County Road 126,and WHEREAS, Owners own the property described in the attached Exhibit"A" and Exhibit "C",hereinafter referred to collectively as Right-of-Way, and WHEREAS, County needs the Right-of-Way in order to complete said rebuilding and improvement project, and WHEREAS, said rebuilding and improvement project involves the construction and realignment of said roadway, and WHEREAS, Owners wish to cooperate with County in said road improvement. NOW, THEREFORE,the parties herein agree as follows: 1. Owners agree to sell and County agrees to purchase the Right-of-Way shown and/or described on Exhibit"A"and Exhibit"C",attached hereto and hereinafter referred to herein as the Right-of-Way for the sum of Eight Thousand Nine Hundred Eight and no/100 ($8908.00)dollars. This consideration is being offered in lieu of condemnation 2. Owners agree to grant the Right-of-Way to County by Deed of Dedication, free and clear of all encumbrances,except existing easements.Owners shall retain the mineral estate under the Right of Way,including oil and gas,and shall also retain any water rights currently attached or associated with the Right of Way. 3. County agrees to pay the costs of title insurance and recording fees, if necessary as determined by County. 4. The parties hereby agree that neither has made or authorized any agreement with respect to Page 1 of 3 Pages the subject matter of this instrument other than 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, hereto. 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. 5. Although the date of the transfer of the Right-of-Way shall be the date of the delivery of the documents of conveyance,it is expressly agreed by the parties hereto that upon execution of this Agreement by County and Owners,County,its contractors,agents, employees, and all others deemed necessary by County shall have the irrevocable right to possess and use all of the Right-of-Way for the purpose of said rebuilding and improvement project. Date of payment of compensation is the date of delivery of the Deed of Dedication. 6. Owners warrant that he/she is the owner of the Right-of-Way and will defend title thereto against all claims. 7. General taxes for the year 2004 for the Right-of-Way shall be apportioned to the date of delivery of the deed based on the most recent levy and the most recent assessment. Owners represent and warrant that all general taxes levied prior to such year have been paid in full by Owners. 8. County will remove approximately 2300 If of fence presently located along the northerly right-of-way line of Weld County Road 126 in the Southeast One-Quarter of Section 20, T11N, T67W. County will construct a four strand barbed wire, steel and wood post fence with post spacing approximately every 16 feet and a wood post set approximately every fourth post. The new fence will be constructed along the new right-of-way lines of Weld County Road 126 in the Southeast One-Quarter and the Southwest One-Quarter of Section 20, T11N,R67W. The new fence will be constructed at the completion of the road project. 9. When the new road is completed and opened to traffic, County will vacate and obliterate Weld County road 15.5 as it exists between Weld County road 126 and Weld County road 126.5. Said road is located along the East line of the Southwest One-Quarter of Section 20, T11N, R67W. County will remove the existing gravel, remove the existing fences, scarify and prepare the subgrade and seed the disturbed area. Driveways and wire gates will be installed at both ends, if requested by owner. 10. County will install a driveway to serve the existing non-improved right-of-way along the South line of the Southwest One-Quarter of Section 20, T11N,R67W. 11. Owner to grant a Temporary Construction Easement, in substantially the form as the Temporary Construction Easement form included as Exhibit"E".The County will reimburse the Owner the sum of Eight Hundred Fifty Eight and no/100 ($858.00) dollars for the execution of this easement. Page 2 of 3 Pages 12. County intends to install two driveway culverts under the existing driveways located along the north side of Weld County road 126 and in the Southeast corner of the Southeast One- Quarter of Section 20,T 11N,R67W. The driveways serve the existing residence in that area. In order to complete this installation,Owner will grant County a Right to Enter over a fifteen foot strip of land located immediately north of the existing right-of-way of Weld County mad 126 to allow for sufficient room to install the culverts.The Right to Enter form is included as Exhibit"F". IT IS MUTUALLY AGREED that the terms and conditions of this Agreement shall extend to and be binding upon the heirs, executors, administrators, successors, and assigns of the respective parties hereto. IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNER: OWNER: Gary L. Wilson, Owner Charlotta C. Wilson, Owner TAX ID NUMBER: TAX ID NUMBER: ATTEST: BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, STATE OF COLORADO Weld County Clerk to the Board By: BY: Deputy Clerk to the Board Robert D. Masden, Chairman Page 3 of 3 Pages PUBLIC WORKS DEPARTMENT 11 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 WIligWEBSITE: www.co.weld.co.us O PHONE (970) 356-4000, EXT. 3750 FAX: (970) 304-6497 COLORADO PERMISSION FOR ENTRY UPON REAL PROPERTY THE UNDERSIGNED hereby gives permission for the COUNTY OF WELD, ITS CONTRACTORS, AGENTS, EMPLOYEES AND ALL OTHERS DEEMED NECESSARY BY WELD COUNTY to enter upon the following described real property: A strip of land 15' wide and 330' in length, located immediately north of the Right-of-Way of Weld County road 126 and immediately west of the Right-of- Way of Weld County road 17. Said strip is located within the Southeast One- Quarter of Section 20, Township 11 North, Range 67 West of the Sixth Principal Meridian, Weld County, Colorado FOR THE PURPOSE OF: Installation of two culverts under the existing driveway. EXPIRES: July 1, 2005, or the completion of the road construction, whichever is earlier DATE: NAME: Gary Wilson Charlotta Wilson (Signature) (Signature) Address: RR#4, Box 77 Robinson, Illinois 62454 rs PUBLIC WORKS DEPARTMENT 1111 H STREET P.O. BOX 758 IlD ( REELEY, COLORADO 80632 WEBSITE: www.co.weld.co.us W PHONE (970) 356-4000, EXT. 3750 FAX: (970) 304-6497 COLORADO April 12, 2004 Gary and Charlotta Wilson RR#4, Box 77 Robinson, Illinois 62454 NOTICE OF INTENT TO ACOUIRE PROPERTY AND AUTHORITY TO OBTAIN APPRAISAL Dear Gary and Charlotta; Weld County is in the process of planning and designing a project to improve Weld County road 126. Design has progressed to a point that Weld County has determined that it will need to acquire property from you for this improvement. The anticipated construction of this project is to regrade and pave a portion of the existing roadway and construct a new paved roadway over the remaining portion. Construction is preliminarily scheduled to begin this winter. Enclosed please find Section 38-1-121 of the Colorado Revised Statues which requires that this Notice of Intent be provided. Additionally enclosed are preliminary plans outlined in color and four legal descriptions which indicate the portion of your property we feel will be needed for the project. These inclusions are for your information and for your appraiser, if you wish to engage one. Weld County will secure an appraisal of your property from an experienced,professional appraiser for our use in determining just compensation. The County secured appraiser will notify you of the date and time of the appraisal to allow you to have the opportunity to accompany the appraiser during his field review. If you would like an appraiser of your choosing, then you certainly may do so. If you would like Weld County of pay the reasonable cost for this appraisal, Weld County will do so, provided: • The appraisal is made using sound, fair and recognized appraisal practices consistent with law. The enclosed minimum appraisal requirements contain the basic appraisal format guidelines. Please give these guidelines to the appraiser you retain. • Three copies of your appraisal are submitted to Weld County along with the appraiser's invoice, within 90 days from your receipt of this notice. Please note: Weld County is not obligated to pay for appraisals received after 90 days of the receipt of this letter. If you wish to obtain your own appraisal, we strongly suggest that you contact an appraiser of your choice as soon as possible. The appraisal process can be quite lengthy and it is recommended that both appraisers conduct their field reviews at the same time. The appraisal must be submitted to Weld County within 90 days from receipt of this letter, along with the appraiser's invoice to you. If you choose not to obtain an independent appraisal,we will use the information secured by the Weld County appraiser and proceed accordingly. Weld County's survey crew will stake your property prior to the appraiser visiting your location. These stakes will show the existing right of way, the proposed right of way and various easements required to build the project. These points are approximate and tentative, for the appraiser's use only and should not be relied on to establish any structures, boundary lines or other features. A right to enter form is provided for your signature to allow Weld County's survey crew to enter upon your property to stake the right of way lines. Please sign the form and return in the enclosed stamped self addressed envelope. This letter is to notify you of your right to obtain your own appraisal and to inform you that design has progressed to the point that Weld County has determined that it intends to acquire property from you for this improvement.. If you have any questions or comments,please call. My direct extension is#3785. My office hours are M-F 7:00am to 3:30pm and I can be reached on my cell from 7:00am to 6:00pm M-F and weekends. My cell # 302-8265. Sincerely, Leon Sievers,PLS Right of Way Agent MINIMUM APPRAISAL REQUIREMENTS (Property Owner Appraisal Reports) 1. The appraiser shall prepare all reports consistent with: the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended; 49 CFR Part 24; 23 CFR Parts 710- 713; 38 CRS; 43 CRS; CDOT Right of Way Manual, Chapter 3, as may be amended; appropriate State Laws, regulations, policies and procedures; and Uniform Standards of Professional Appraisal Practice. 2. A certification of appraiser. 3. A statement of assumptions and limiting conditions. 4. Photographs of subject property including all principal above ground improvements taken or affected must be included. 5. Identification and description of the subject property, total ownership, property interest being acquired, including easements, and description of the remainders. [49 CFR 24.103 (a)] 6. Include and analyze all sales of the subject ownership during the last 5 years. 7. The appraiser shall use the following jurisdictional definition of"reasonable market value" in the real estate appraisal and real estate appraisal report for the valuation of a total acquisition or for the valuation of the larger parcel before the part to be taken(partial acquisition) is acquired: ". . . `Reasonable market value' means the fair, actual, cash market value of the property. It is the price the property could have been sold for on the open market under the usual and ordinary circumstances, that is, under those circumstances where the owner was willing to sell and the purchaser was willing to buy, but neither was under an obligation to do so. In determining the market value of the property actually taken, you are not to take into account any increase or decrease in value caused by the proposed public improvement." [Colorado Jury Instructions— Civil 4th, 36:3] 8. Appraised value defined. [49 CFR 24.103 (a)] 9. Include purpose of appraisal in the report. Include the rights or interest being appraised. 10. Total estimate of compensation,value date, and appraiser's signature specifically must be set out. 11. A description of the neighborhood. 12. Highest and best use clearly set out. 13. Appraisal (estimate of value)must be consistent with highest and best use. 14. The subject, sale transactions used, and zoning must be consistent and clearly described. 1 15. Sale transactions confirmed with buyer and/or seller by the principal appraiser. (38-1-118 C.R.S.) 16. Project enhancements/influence must be considered property in the before and after conditions. Before Condition: Colorado Jury Instructions-Civil 4", CJI-Civ. 4th 36:3), states compensation for property acquired or taken for public purposes is based upon reasonable market value as follows: ". . . Reasonable market value' means the fair, actual, cash market value of the property. It is the price the property could have been sold for on the open market under the usual and ordinary circumstances, that is, under those circumstances where the owner was willing to sell and the purchaser was willing to buy, but neither was under an obligation to do so. In determining the market value of the property actually taken, you are not to take into account any increase or decrease in value caused by the proposed public improvement." Consideration for any increase or decrease in value caused by the proposed public improvement is stated in the Code of Federal Regulations, Title 49, Part 24, Section 103(b) (49 CFR 24.103(b)) as follows: "Disregard any decrease or increase in the fair market value of the real property caused by the project for which the property is to be acquired, or by the likelihood that the property would be acquired for the project, other than that due to physical deterioration within the reasonable control of the owner." After Condition: In the after condition, the valuation process may include any increase or decrease found to exist in the market that directly affects the value of the residue. All damages found in the after condition must be compensable. 17. Cash equivalency considered. 18. Correlation: Include sufficient explanation as to how sales support the value. [49 CFR 24.104] 19. Market supported dollar or percentage adjustments to items affecting the comparability of sales to the subject property are required when applicable. 20. The appraiser is to include and present an adequate relative comparison analysis of the comparable sales when applying qualitative adjustments. 21. Adequate sales map. 22. Plats properly marked. 23. Signs(on-premise and off-premise) and sign sites are to be valued. 2 24. Damages or benefits to the residue after take must be supported. Colorado Jury Instructions — Civil 4`h, 36:4 addresses the ascertainment of damages and benefits to the residue and Colorado Jury Instructions — Civil 4` 36:5 addresses limitations on the ascertainment of damages to the residue. The appraiser shall use the following jury instructions concerning damages and benefits to the residue after take. 36:4 Ascertainment of Damages and Benefits to Residue "...'Residue' means that portion of any property which is not taken but which belongs to the respondent, Gary and Charlotta Wilson, and which has been used by, or is capable of being used by, the respondent with the property actually taken, as one economic unit. Any damages or benefits are to be measured by the effects the acquisition of, and the expected uses of, the property actually taken has on the reasonable market value of the residue. My damages are to be measured by the decrease, if any, in the reasonable market value of the residue, that is, the difference between the reasonable market value of the residue before the property actually taken is acquired and the reasonable market value of the residue after the property actually taken has been acquired. My damages which may result to the residue from what is expected to be done on land other than the land actually taken from the respondent and any damages to the residue which are shared in common with the community at large are not to be considered. Similarly, any benefits to the residue are to be measured by the increase, if any, in the reasonable market value of the residue due to the construction of the new road and paving of the existing road. For anything to constitute a specific benefit, however, it must result directly in a benefit to the residue and be peculiar to it. My benefits which may result to the residue but which are shared in common with the community at large are not to be considered. Nothing should be considered as a factor of either damages or benefit unless you find that it increases or decreases the reasonable market value of the residue. Any finding of damages or benefits to the residue shall not affect your determination of the value of the property actually taken." 36:5 Ascertainment of Damages to Residue—Limitation On "In order for you to determine damages to the residue, you must find that the residue itself will be damaged by some diminution in its reasonable market value either as a result of its being severed from the land actually taken or because the adjacent public use on the land actually taken from the respondent (but not on other land)will render the residue less valuable. Infringement of the owner's personal pleasure or enjoyment in the use of the residue or even the owner's annoyance or discomfort does not constitute compensable damages. Neither does the fact that the residue may be less desirable for certain purposes. Such matters are not compensable except as they are a natural, necessary and reasonable result of the residue being severed from 3 the land actually taken or of the uses expected to be made of the land actually taken, and are measurable by a reduction in the market value of the residue." 25. When determining the amount of compensation paid for a total or a partial taking, Title 38, Article 1, Section 114 (2), Colorado Revised Statutes, . [38-1-114(2), C.R.S.] applies: "(2)(a) For highway acquisition, the right to compensation and the amount thereof, including damages and benefits, if any, shall be determined as of the date the petitioner is authorized by agreement, stipulation, or court order to take possession or the date of trial or hearing to assess compensation, whichever is earlier, but any amount of compensation determined initially shall remain subject to adjustment for one year after the date of the initial determination to provide for additional damages or benefits not reasonably foreseeable at the time of the initial determination. (b) If an entire tract or parcel of property is condemned, the amount of compensation to be awarded is the reasonable market value of the said property on the date of valuation. (c) If only a portion of a tract or parcel of land is taken, the damages and special benefits, if any to the residue of said property shall be determined. When determining damages and special benefits, the appraiser shall take into account a proper discount when the damages and special benefits are forecast beyond one year from the date of appraisal. (d) In determining the amount of compensation to be paid for such a partial taking, the compensation for the property taken and damages to the residue of said property shall be reduced by the amount of any special benefits which result from the improvement or project, but not to exceed fifty percent of the total amount of compensation to be paid for the property actually taken." 26. Appraisers must always be alert to the possibility of soil contamination and toxic waste; these issues should be addressed in the appraisal when applicable. 27. Include descriptive materials such as maps, charts,plans, and photographs. 28. Identification or listing of the buildings, structures, and other improvements on the land as well as the fixtures which the appraiser considered being a part of the real property to be acquired. 29. A certified inventory of real personal property may be required. This inventory must delineate realty/personal property and tenant or fee ownership of the items(s). This document must be included in the appraisal report. 30. Contributory value of tenant owned realty must be valued separately. 4 COLORADO REVISED STATUTES SECTION 38-1-121 38-1-121. Appraisals — negotiations (1) As soon as a condemning authority determines that it intends to acquire an interest in property, it shall give notice of such intent, together with a description of the property interest to be acquired, to anyone having an interest of record in the property involved. If the property has an estimated value of five thousand dollars or more, such notice shall advise that the condemning authority shall pay the reasonable costs of an appraisal pursuant to subsection (2) of this section. Such notice, however, need not be given to any of such persons who cannot be found by the condemning authority upon the exercise of the due diligence. Upon receipt of such notice, such persons may employ an appraiser of their choosing to appraise the property interest to be acquired. Such appraisal shall be made using sound, fair, and recognized appraisal practices which are consistent with law. The value of the land or property actually taken shall be the fair market value thereof. Within ninety days of the date of such notice, such persons may submit to the condemning authority a copy of such appraisal. The condemning authority immediately upon receipt thereof shall submit to such person's copies of its appraisals. If the property interest is being acquired in relation to a federal aid project, then the appraisals submitted by the condemning authority shall be those which have been approved by it pursuant to applicable statutes and regulations, if such approval is required. All of the appraisals may be used by the parties to negotiate in good faith for the acquisition of the property interest, but neither the condemning authority nor such persons shall be bound by such appraisals. (2) If an appraisal is submitted to the condemning authority in accordance with the provisions of subsection (1) of this section, the condemning authority shall pay the reasonable costs of such appraisal. If more than one person is interested in the property sought to be acquired and such persons cannot agree on an appraisal to be submitted under subsection (1) of this section, the condemning authority shall be relieved of any obligation herein imposed upon it to pay for such appraisals as may be submitted to it pursuant to this section. (3) Nothing in this section shall be construed as in any way limiting the obligation of the condemning authority to negotiate in good faith for the acquisition of any property interest sought prior to instituting eminent domain proceedings or as in any way limiting the discovery rights of parties to eminent domain proceedings. (4) Nothing in this section shall prevent the condemning authority from complying with federal and state requirements to qualify the authority fbr federal aid grants. (5) Nothing in this section shall be construed to limit the right of the condemning agency to institute eminent domain proceedings or to obtain immediate possession of property as permitted by law; except that an eminent domain proceeding may not proceed to trial on the issue of valuation until the ninety-day period provided in subsection (1) of this section has expired or the owner's appraisal has been submitted to the condemning authority,whichever is sooner. (6) If the parties involved in the negotiations fail to reach agreement on the fair market value of the property being acquired, the condemning authority, prior to proceeding to trail on the issue of valuation, shall furnish all owners of record a written final offer. Source: (1) amended and(6)added, L. 85,p. 1194, § 5. Hello