HomeMy WebLinkAbout20032741.tiff RESOLUTION
RE: AUTHORIZE FILING OF PROCEEDINGS IN EMINENT DOMAIN, PURSUANT TO
SECTION 38-1-105, C. R. S., AGAINST HERBERT L. BRACK AND VADA D. BRACK
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 on the west side of Weld County Road 13, between Weld County
Roads 38 and 40, and
WHEREAS, said right-of-way is described in the attached Exhibit "A," shown in the
attached Exhibit "Map A," and consists of approximately 1.247 acres, and
WHEREAS, in a "Just Compensation Appraisal Report," dated July 1, 2003, prepared by
Kevin McCarty, Certified General Appraiser, the value of the right-of-way to be acquired is
$9,353, and
WHEREAS, said right-of-way is owned by Herbert L. Brack and Vada D. Brack, and
WHEREAS, negotiations with the Bracks have included several oral communications
between Leon Sievers of the Weld County Public Works Department and the Bracks, and three
offertory letters mailed to the Bracks by Mr. Sievers by certified mail, the last being a "Final Offer
Letter," dated September 5, 2003, giving the Bracks to and until September 15, 2003, to accept
Weld County's offer of just compensation of $9,353, and
WHEREAS, to date, the Bracks have failed to respond to Mr. Seivers' "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 Herbert L. Brack
and Vada D. Brack, in the Weld District Court to acquire the right-of-way described in Exhibit A
and shown on Exhibit Map A.
2003-2741
EG0047
001 04 , flu 1 L
AUTHORIZE FILING OF PROCEEDINGS IN EMINENT DOMAIN AGAINST HERBERT L.
BRACK AND VADA D. BRACK
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 29th day of September, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
e �J ���� WEL OUNT(Y, COLORADO
ATTEST: 12,„�,/�`��'I/"C 4 f oU X O I
"""� David E. Long, Chair
Weld County Clerk to the Board
EXCUSED
Robert D. Masden, Pro-Tem
rk to the Board EXCUSED
M. J. Geile
iii I • _ .
F 411. -7-7/f.
/
William H. rke ty Attorn:
Glenn Vaad
Date of signature: /f)-9&s
2003-2741
EG0047
G BRUCE Barker- Resolution for Brack Condemnation Page 1
From: BRUCE Barker
To: Harding, CAROL
Subject: Resolution for Brack Condemnation
See the attached. Please place on agenda for 9/29/03. I will bring down the exhibits and some backup
Thanks.
CC: Hempen, FRANK; Sievers, Leon
2003-2741
EXHIBIT A
LEGAL DESCRIPTION
A parcel of land located in the Southeast One-Quarter of Section 36, Township 4 North,
Range 68 West of the Sixth Principal Meridian, County of Weld, State of Colorado and
more fully described as follows:
The West 40.00 feet of the East 70.00 feet of Lot B, Amended Recorded Exemption 1061-
36-4-RE 845, as recorded under Reception#2444381 in the Office of the Clerk and
Recorder, Weld County, Colorado. Said parcel contain 1.247 acres, more or less.
The above description was prepared by Leon Sievers, Right of Way Agent, in and for Weld
County, Colorado and was based on the Amended Recorded Exemption 1061-36-4-RE 845
as recorded in the office of the Clerk and Recorder of Weld County, Colorado.
AXIIIBIT MAP A
E1/4 Cor
Sec 36-4-68
I .
I
I 2
cO.
ii05TEgplLyyp
GREp?
R�
40' ROW —► 4
LOT Bit
RE 845
AMENDED
EXISTING
m 30' ROW
40' ROW-►
JL
1r
LOT A cn
RE 845
0 150 300 600
Iles I
t SE Cor
NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED Sec 36-4-68
LAND SURVEY OR LAND SURVEY PUT. IT IS INTENDED TO
ILLUSTRATE THE ATTACHED LEGAL DESCRIPTION ONLY.
WELD COUNTY PUBLIC WORKS DEPARTMENT
SURVEY LWS
ces,E„ WELD COUNTY ROAD 13 DEED 1 'I
CiRSONN DESCRIPTION 1
GATE Apra 23. 2003 EXHIBIT MAP
PUBLIC WORKS DEPARTMENT
tttt 1111 H STREET
T P.O. BOX 758
GREELEY, COLORADO 80632
C WEBSITE: www.co.weld.co.us
O PHONE (970) 356-4000, EXT. 3750
FAX: (970) 304-6497
COLORADO
September 5, 2003
Herbert L. and Vada D. Brack
18187 Weld County Road 13
Johnstown, Colorado 80534
RE: Weld County Road 13 improvement project
FINAL OFFER LETTER
Dear Herbert and Vada;
As you have been previously notified,Weld County has endeavored to purchase certain property
interests from you for the Weld County road 13 improvement project. The necessary property
interests are shown in the attached Exhibit A and Exhibit Map A. A review of our previous
discussion is as follows:
On May 5, 2003 I spoke to Vada at home and discussed the overall project, then spoke
with Herbert at work and discussed the overall project and the following three individual
phases of the project:
1. right of way acquisition for the ultimate road width, being 70 feet
2. construction of the new railroad crossings including reconstruction of the existing
road
3. construction of the 4 lane highway,probably 10 to 15 years in the future
•
On May 6, 2003 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 Legal Description, Exhibit A Map and a Permission for Entry
Upon Real Property form to you for your review and signature. I have included a copy of
these documents.
- 1 -
On June 6, 2003,I spoke with you asking if you had any questions and reminding you
that if you were interested in viewing the proposed right of way lineyou needed to sign
and return the Puunission for Entry Upon Real Property form so we could stake and flag
the line. You stated that you would not sign the form and did not want to know where the
line would be located. I asked if you had retained an Appraiser,per our Letter of Intent to
Acquire, and you said you had not and would not.
On July 30, 2003, I called and left a message to set up a meeting to discuss the project. I
did not receive a return phone call.
On August 4, 2003,we spoke about setting up a meeting to discuss the project. You
stated it wasn't necessary and did not want to meet. You also stated that you were not
happy with the idea of the new road. I explained again that we could meet and discuss the
project with you,but you were not interested. I told you if he had any questions,
comments or concerns to please call me, otherwise I would not bother you again.
On August 11, 2003, 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 Legal Description, Exhibit A map and copy of the Appraisal of the parcel
needed from you by McCarty Land &Water Valuation, Inc. 1427 West 29th Street,
Loveland, Colorado 80538 for your review and/or comment and signature.
On August 26, 2003,we spoke about the Agreement and you stated we were not paying
enough and wanted to be paid the same amount as development land. I explained that the
appraised value is the present value not future value and our offer is the appraised value.
You were concerned about impacts to the land owners to the south. I stated that this road
will not become a 4 lane road for many years and should become a 4 lane road only when
development has caused the traffic volume to increase to the point of necessity,which
could be 10 to 15 years form now. The ultimate 70 feet of right of way needed for the 4
lane road will not be acquired until it is necessary to build the 4 lane road or unless
interim construction projects require the additional right of way. You stated that you
would be sending the Agreement package to your Attorney for review. I have not yet
received a response from your Attorney.
To date we have not been able to agree on the terms for this acquisition,however, Weld County
still prefers to settle this matter by mutual agreement. Therefore, an Agreement form setting forth
the County's offer of$ 9353.00 for the necessary property interests is enclosed together with
Exhibit A Legal Description, Exhibit A Map and W-9 forms for your signature. The amount
offered is the total compensation for all interests in the property described in Exhibit A, 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
-2 -
return them to us. If we have not received this or some other form of acceptance by not later-than
5:00 p.m., September 15, 2003,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, should you have questions or comments,please call. My direct extension is#3785.
My office hours are M-F 7:00am to 3:30pm.
Sincerely,
Leon Sievers,PLS
Right of Way Agent
}
- 3 -
•
ENDER: COMPLETE THIS SECTION C•M•LETE THIS S€CTI•N IN •ELIVE•Y
■ Complete items 1,2,and 3.Also complete A. Signature
item 4 if Restricted Delivery is desired. O Agent
X• Print your name and address on the reverse O Addressee
so that we can return the card to you. B. Received by(Printed Name) C. ate of Delivery
■ Attach this card to the back of the mailpiece, c. ^�!,
or on the front if space permits. (J
D. Is delivery address different from item 1? ■ Yes
1. Article Addressed to: If YES,enter delivery address below: O No
HERBERT L AND VADA D BRACK
18187 WELD COUNTY ROAD 13
JOHNSTOWN Co 80534
3. Service Type
gkertified Mail O Express Mail
❑ Registered XII Return Receipt for Merchandise
❑ Insured Maii O C.O.D.
4. Restricted Delivery?(Extra Fee) O Yes
2. Article Number 7002 3150 0000 8946 3392
(Transfer from service label)
PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1540
EXHIBIT A -
LEGAL DESCRIPTION
A parcel of land located in the Southeast One-Quarter of Section 36, Township 4 North,
Range 68 West of the Sixth Principal Meridian, County of Weld, State of Colorado and
more fully described as follows:
The West 40.00 feet of the East 70.00 feet of Lot B, Amended Recorded Exemption 1061-
36-4-RE 845, as recorded under Reception#2444381 in the Office of the Clerk and
Recorder, Weld County, Colorado. Said parcel contain 1.247 acres, more or less.
The above description was prepared by Leon Sievers, Right of Way Agent, in and for Weld
County, Colorado and was based on the Amended Recorded Exemption 1061-36-4-RE 845
as recorded in the office of the Clerk and Recorder of Weld County, Colorado.
EXHIBIT MAP A
E1/4 Cor
Sec 36-4-88
I -It
I IS
STggP
SAIL
GROAT
40' ROW —0-
LOT B
RE 845
AMENDED
EXISTING
W 30' ROW
to
40' ROW— a-
JL
N
r
LOT A
RE 845
0 1S0 300 600
♦SE Cor
NOTE: THIS EXHIBIT NAP DOES NOT REPRESENT A MONUNENTED Sec 36-4-68
LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO
ILLUSTRATE THE ATTACHED LEGAL DESCRIPTION ONLY.
WELD COUNTY PUBLIC WORKS DEPARTMENT
sower LVS
DESIGN WELD COUNTY ROAD 13 DEED 1 w
DRAWN DESCRIPTION
on April 23. 2003 EXHIBIT MAP
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 for 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.
a
PUBLIC WORKS DEPARTMENT
1111 H STREET
P.O. BOX 758
GREELEY, COLORADO 80632
WEBSITE: www.co.weld.co.us
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 and the
WELD COUNTY PUBLIC WORKS DEPARTMENT, ITS CONTRACTORS, AGENTS,
EMPLOYEES AND ALL OTHERS DEEMED NECESSARY BY COUNTY, to enter upon the
following described real property:
Lot B, Amended Recorded Exemption 1061-36-4-RE 845, as recorded under reception
number 2444381 in the Office of the Clerk and Recorder, Weld County, Colorado
FOR THE PURPOSE OF:
All the surveying necessary for staking and marking the existing right of way line and the
proposed right of way line.
EXPIRES: August 5, 2003
DATE:
NAME: HERBERT BRACK VADA BRACK
(Signature) (Signature)
Address: 18187 Weld County Road 13
Johnstown, Colorado 80534
COMPENSATION WORK SHEET
Date: August 11, 2003
Assessor Parcel#: 106136000057
Owner: Herbert and Vada Brack
Project: WCR 13
LAND: $9353.00
Based on 1.247 acres @ $7500.00/ac.
EASEMENT: NA
DAMAGES: NA
TOTAL COMPENSATION: $9353.00
AGREEMENT
CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO
WELD COUNTY ROAD 13 BETWEEN HERBERT L. BRACK AND VADA D. BRACK
AND WELD COUNTY, COLORADO
THIS AGREEMENT is made this day of ,2003,by and between Herbert
L.Brack and Vada D.Brack,whose address is 18187 Weld County Road 13,Johnstown,Colorado
80534,hereinafter 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."
WITNESSETH:
WHEREAS, County fmds it necessary to rebuild and improve Weld County Road 13, and
WHEREAS, Owner owns the property described in the attached Exhibit "A" Legal
Description,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, Owner wishes to cooperate with County in said road improvement.
NOW,THEREFORE, the parties herein agree as follows:
1. Owner agrees to sell and County agrees to purchase the Right-of-Way shown and/or
described on Exhibit"A",attached hereto and hereinafter referred to herein as the"Right-
of-Way" for the sum of Nine Thousand Three Hundred Fifty Three and no/100
($9353.00) dollars. This consideration is being offered in lieu of condemnation
2. Owner agrees to grant the Right-of-Way to County by Deed of Dedication,free and clear
of all encumbrances, except existing easements.
Page 1 of 3 Pages
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 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 Owner, 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.
6. Owner warrants 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 2003 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.
Owner represents and warrants that all general taxes levied prior to such year have been
paid in full by Owner.
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.
Herbert L. Brack, Owner Vada D. Brack, Owner
TAX ID NUMBER: TAX ID NUMBER:
Page 2 of 3 Pages
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF WELD COUNTY, STATE OF
COLORADO
Weld County Clerk to the Board
By: BY:
Deputy Clerk to the Board David E. Long, Chairman
Page 3 of 3 Pages
Form W-9 Request for Taxpayer Give form to the
(Rev.January 2002) — requester. Do not
Identification Number and Certification easury send to the IRS.
I Department Rev nr the er.ice
Internal Revenue Senc�e
ru Name
0
O
m
a Business name,if different from above
c
O
a Exempt from backup
r G SolInde proprietordual/ El Other ❑ withholding
Check appropriate box: ❑ Sole 0 Corporation 0 Partnership
o` Requester's name and atltlress(optional)
w Address(number,street,and apt.or suite no.)
c
0-u
15 City,state, and ZIP code
g
o
ur List account number(s)here(optional)
0
o .
Part I Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. For individuals,this is your social security number(SSN).
Social security number
However,for a resident alien,sole proprietor,or disregarded entity,see the Part I instructions on II i. I ).
page 2.For other entities,it is your employer identification number(EIN). If you do not have a number, or
see How to get a TIN on page 2.
Note:If the account is in more than one name, see the chart on page 2 for guidelines on whose number Employer e identification number
to enter, I t I I I I
Part II Certification
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me), and
2. I am not subject to backup withholding because: (a)I am exempt from backup withholding, or(b) I have not been notified by the Internal
Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has
notified me that I am no longer subject to backup withholding, and
3. I am a U.S. person(including a U.S. resident alien).
Certification instructions,You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup
• withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply,
For mortgage interest paid, acquisition or abandonment of secured property.cancellation of debt,contributions to an individual retirement
arrangement(IRA). and generally, payments other than interest and dividends,you are not required to sign the Certification, but you must
provide your correct TIN. (See the instructions on page 2.)
•
Sign Signature of Date ►
Here U.S.person II.
Purpose of Form What is backup withholding? Persons making 5.You do not certify to the requester that you
certain payments to you must under certain are not subject to backup withholding under 4
A person who is required to file an information conditions withhold and pay to the IRS 30%of above(for reportable interest and dividend
return with the IRS must get your correct such payments after December 31.2001 (29% accounts opened after 1983 only).
taxpayer identification number(TIN)to report, for after December 31,2003).This is called "backup Certain payees and payments are exempt
example. income paid to you,real estate withholding.' Payments that may be subject to from backup withholding.See the instructions on
transactions,mortgage interest you paid, backup withholding include interest,dividends, page 2 and the separate Instructions for the
acquisition or abandonment of secured property, broker and barter exchange transactions.rents. Requester of Form W-9.
cancellation of debt,or contributions you made royalties,nonemployee pay, and certain
to an IRA. payments from fishing boat operators. Real Penalties
Use Form W-9 only if you are a U.S.person estate transactions are not subject to backup Failure to TIN.If you fail to furnish your
(including a resident alien),to give your correct withholding. Failure TIN furnish a TIN.If you
are subject to a
TIN to the person requesting it(the requester) You will not be subject to backup withholding penalty of 450 for each such failure unless your
and,when applicable,to: on payments you receive if you give the failure is due o reasonable cause and not to
1.Certify the TIN you are giving is correct(or requester your correct TIN,make the proper willful neglect.
you are waiting for a number to be issued), certifications, and report all your taxable interest Civil penalty for false information with respect
2.Certify you are not subject to backup
and dividends on your tax return. to withholding.If you make a false statement
withholding,or Payments you receive will be subject to with no reasonable basis that results in no
3.Claim exemption from backup withholding if
backup withholding if: backup withholding,you are subject to a 4500
you are a U.S.exempt payee. 1.You do not furnish your TIN to the penalty.
requester,or Criminal penalty for falsifying information.
If you are a foreign person,use the appropriate Form W-8.See Pub. 515, 2.You do not certify your TIN when required Willfully falsifying certifications or affirmations
to criminal penalties including
Withholding of Tax on Nonresident Aliens and (see requester t�Part II instructions on page 2 for may subject fines and/or prisonment.
Note:1(a
Foreign Ent
q details),or Misuse of TINS.If the requester discloses or
gives you a form other than 3.The IRS tells the requester that you uses TINS in violation of Federal law,the
Form W-9 to request your TIN,you must use the furnished an incorrect TIN,or requester may be subject to civil and criminal
requester's form if it is substantially similar to this 4.The IRS tells you that you are subject to penalties.
Form W-9. backup withholding because you did not report
all your interest and dividends on your tax return
(for reportable interest and dividends only),or
Cat.No.10231X Form W-9 (Rev. 1.2002)
/
c �e /, C� c
C '
1111111111111111I1111111111111111IIIII III1111111X111
079 3229079 10/20/2004 11:17A Weld County, CO
1 of 4 R 0.00 0 0.00 Steve Moreno Clerk& Recorder
DISTRICT COURT, WELD COUNTY, COLORADO
Court Address: 901 9th Avenue,P.O. Box C, Greeley,
CO 80632
Phone Number: (970) 351-7300
COUNTY OF WELD, a political subdivision of the
STATE OF COLORADO,
Petitioner,
v.
HERBERT L. BRACK, VADA D. BRACK, and
CLAUD HANES, as Treasurer of Weld County,
Respondents. S COURT USE ONLY a
Bruce T.Barker,Weld County Attorney,# 13690 Case No.: 03-CV-1356
915 10th Street,P.O.Box 758
Greeley,CO 80632 Div.: 1
Phone: (970)336-7235,Fax: (970)352-0242
Warren W. Schaeffer,#28488
Houtchens,Houtchens&Greenfield,LLC
822 7th Street,Suite 270
Greeley,CO 80631
Phone: (970)353-9195,Fax: (970)353-0151
RULE AND ORDER
THIS MATTER came before the Court this day upon Stipulation and Consent to Entry of
Rule and Order with respect to the acquisition of the property which is the subject matter of this
action, said Stipulation and Consent being duly executed by the persons interested as owners, and
those otherwise interested of record; and it appearing to the Court from said Stipulation and Consent
and the other pleadings herein that said persons are the record owners and those otherwise interested
and that said persons have agreed with the Petitioner, the County of Weld, a political subdivision of
the State of Colorado ("Weld County"),upon the compensation to be paid herein.
THE COURT FINDS AS FOLLOWS:
1. The Court has full and complete jurisdiction of the subject matter of this action and
the parties thereto.
2. That service has been made upon the Respondent-landowners Herbert L. Brack and
Vada D. Brack and all interested parties as required by law.
3. Respondent Claud Hanes, as Treasurer of Weld County, has disclaimed all interest
in and to the property.
°°3 - ."/i1/
2004-3120
1111 11111 NEI 1111111111 111 III 11111 IIII IIII
3229079 10/20/2004 11:17A Weld County, CO
2 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
4. The parties have agreed that payment of the sum of $9,653.00 represents the full
compensation to be paid for the taking of said property and all interests therein, including damages
to the remainder,interest,costs, appraiser fees, expert witness fees, and engineering fees.
5. Weld County has agreed to deposit into the Registry of this Court the sum of
$9,653.00.
NOW,THEREFORE;
IT IS ORDERED,ADJUDGED, and DECREED AS FOLLOWS:
1. The parcel of land described in the attached Exhibit"A," and shown on the attached
Exhibit "Map B" ("the Property"), has been duly and lawfully taken by Weld County pursuant to
the Statutes and the Constitution of the State of Colorado. The Property is being acquired as a
road right-of-way to be used by the public and maintained by Weld County,pursuant to C.R.S.
§ 43-2-201(1)(a).
2. The interests of the Respondent-landowners Herbert L. Brack and Vada D. Brack in
the Property have been acquired by Weld County, and that the title to the Property, together with all
appurtenances thereunto belonging,is hereby vested in Weld County.
3. The Clerk of the District Court shall accept for deposit the additional sum of
$9,653.00 from Weld County, and the Clerk of the District Court is directed to disburse from the
funds on deposit in the Registry of the Court the sum of$9,653.00,by check made payable to
Herbert L.Brack and Vada D. Brack, to be mailed to their attorney of record, Warren W.
Schaeffer, Houtchens,Houtchens & Greenfield, LLC, 822 7th Street, Suite 270, Greeley, CO
80631, and/or pursuant to and in accordance with such Orders as the Court may hereinafter enter.
4. A certified copy of this Rule and Order be filed by Weld County for recording and
indexing in the office of the Clerk and Recorder of Weld County, in like manner and with like effect
as if it were a deed of conveyance from the owner and parties interested to Weld County herein.
DATED this day of°CT 1 8 20042004.
BY THE COURT:
f ) n
Roger A. Klein
District Court Judge
2
1111111 11111 1111 11111111111 111111 11111 III 11111 111 IIII
3229079 10/20/2004 11:17A Weld County, CO
3 of 4 R 0.00 0 0.00 Steve Moreno Clerk&
Recorder
EXHIBIT A
LEGAL DESCRIPTION
A road right-of-way to be used by the public and maintained by Weld County,pursuant to
C.R.S. § 43-2-201(1)(a),over and across a parcel of land located in the Southeast One-Quarter
of Section 36, Township 4 North, Range 68 West of the Sixth Principal Meridian, County of
Weld, State of Colorado and more fully described as follows:
The West 40.00 feet of the East 70.00 feet of Lot B, Amended Recorded Exemption 1061-36-4-
RE 845, as recorded under Reception#2444381 in the Office of the Clerk and Recorder, Weld
County, Colorado. Said parcel contain 1.247 acres, more or less.
The above description was prepared by Leon Sievers, Right of Way Agent, in and for Weld
County, Colorado and was based on the Amended Recorded Exemption 1061-36-4-RE 845 as
recorded in the office of the Clerk and Recorder of Weld County, Colorado.
EXHIBIT MAP B = E
rga S.
So
EI/4 Cr
_
Sao 36--4-88 = �
ca
ar0 c
P`
I _� o
n o_ f
0
Co. ra�2 104/ CI
STRR asN-
R��T B� S r
0
G EC
. 40• ROW—w r a
SN�y O el Fa sr
LOTB N.
RE 845
AMENDED m
M
EXISTING
WW 30..ROW
M
N
40• ROW—�
JL
N
1r
ll LOT A
RE 845
G 150 300 600
SE Car
NOTE: TH1S EXHIBIT _ DOES NOT Sec 36-4-66
LAND SURVEY OR LAND SURVEY PLAT.�R�E AD INTENDED TO
ILLUSTRATE THE ATTACHED LEGAL DESCRIPTION ONLY.
WELD COUNTY PUBLIC WORKS DEPARTMENT
SURver LVS WELD COUNTY ROAD 13 DEEDOPAW 1 '1' 1
°P"" DESCRIPTION 1
on" Apra
MAP
rp 23. 2003
Hello