The URL can be used to link to this page

Browse Search

Home My WebLink About20260465 Resolution Approve Filing of Proceedings in Eminent Domain, Pursuant to C.R.S. §38-1-101, Against Little Thompson Ranch, LLC 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 property for the replacement of Bridge 19/46.5A, in a portion of Section 10, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado, as more fully described and depicted in the attached Exhibits, and • Exhibit Al , Legal Description of parcel RW-04 REV • Exhibit A2, Legal Description of parcel RW-05 REV • Exhibit A3, Legal Description of temporary easement TE-05 REV • Exhibit A4, Legal Description of temporary easement TE-05A REV Whereas, in an appraisal prepared by Jason Davis and Jon Vaughan, Certified Appraisers, the value of parcel RW-04 REV is $20,646.00, the value of RW-05 REV is $15,947.00, the value of TE-05 REV is $3,334.00, the value of TE-05A REV is $611.00, and trees valued at $9,540.00 for a total value of $50,100.00 (rounded). Whereas, said Property is owned by Little Thompson Ranch, LLC, and Whereas, negotiations with the Property Owner included multiple phone calls, emails and letters from Mitch Hauff and Anissa Warner, Acquisitions Agent for Western States Land Services (on behalf of Weld County), to Little Thompson Ranch, LLC, and counsel Josh Mangiagli, and Whereas, Weld County has made multiple offers to purchase the property, with a final offer made on January 26, 2026, for $36,593.00 for RW-04 REV and RW-05 REV, $3,945.00 for TE-05 REV and TE-05A REV, $12,161.40 incentive (30% of land value), $9,540.00 for improvements and damages, and $25,838.60 authorized compensation, for a total compensation of $88,100.00 (rounded), and Whereas, the County and the Property Owner have attempted to negotiate compensation, but to date, the parties have been unable to reach an agreement for the purchase of said Property, and Whereas, the purpose of the project is to replace the existing Bridge 19/46.5A that was constructed in 1960 and impacted by flooding in 2013. The replacement project will satisfy the emergency repair finding that directed the County to complete a bridge replacement or extensive repairs by December 31 , 2027, and cc: P-J(cN/KN/ov/CK/GP(SB) 2026-0465 cfl(131340-4/PtS) CA0016 03\ maLc, EG0084 Filing of Proceedings in Eminent Domain, Pursuant to C.R.S. §38-1-101 , Against Little Thompson Ranch, LLC Page 2 Whereas, the replacement bridge is for the use of the travelling public that currently averages traffic of approximately 3,000 vehicles per day, and Whereas, the Bridge 19/46.5A Project has been on the Capital Improvement Project (CIP) list since 2015, and Whereas, the Board finds that the Bridge 19/46.5A Project is needed to further a necessary public use and that this property is an integral part of that project which cannot be completed without the acquisition of the necessary right-of-way and easements, and Whereas, counsel for Little Thompson Ranch, LLC, was notified via email in a letter dated February 23, 2026, of the place and time at which the Board considered this Resolution. 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. §38-1-101 et. seq., against Little Thompson Ranch, LLC, in the Weld District Court to acquire the Property described and depicted in the attached Exhibits. Be it further resolved by the Board that the acquisition of such Property is deemed necessary for the health, safety and welfare of the citizens of Weld County, Colorado. Be it further resolved by the Board that the Controller shall cause to be paid $88,100.00 into the Registry of the Court, being the amount that Weld County estimates is the appropriate value of the property, including all damages, for the purpose of acquiring the aforementioned Property upon the filing of a motion for possession of the Property, or if in conjunction with a joint and stipulated motion for immediate possession or a stipulated Rule and Order, payment may be made to Respondent as an alternative to depositing such sums into the Registry of the Court. 2026-0465 CA0016 EG0084 Filing of Proceedings in Eminent Domain, Pursuant to C.R.S. §38-1-101 , Against Little Thompson Ranch, LLC Page 3 The Board of County Commissioners of Weld County, Colorado, approved the above and foregoing Resolution, on motion duly made and seconded, by the following vote on the 4th day of March, A.D., 2026: Scott K. James, Chair: Aye 11"+4.1* Jason S. Maxey, Pro-Tern: Aye f,�.®•• Perry L. Buck: Aye *� Lynette Peppler: Aye Y pp Y �� 1.11012 Kevin D. Ross: Aye NCI QIOV Approved as to Form: Bruce Barker, County Attorney Attest: Esther E. Gesick, Clerk to the Board 2026-0465 CA0016 EG0084 COUNTY OF WELD REAL PROPERTY TO BE ACQUIRED Parcel Number: RW-04 REV FROM Little Thompson Ranch, LLC 9819 WCR 46 Y2 Milliken, CO 80543 FOR Project Code: 23137 Project Number:BRO C030-079 Location: Little Thompson Bridge WEL019.0-046.5A ikr of •0 g 38106 • �, • EXHIBIT A I a0.1, -0 y65 EXHIBIT "A" PROJECT CODE: 23137 PROJECT NUMBER: BRO C030-079 PARCEL NUMBER: RW-04 REV DATE: OCTOBER 4,2024 PROPERTY DESCRIPTION A tract or parcel of land No. RW-04 REV of the County of Weld Project Code 23137, Project Number BRO C030-079, containing 48,605 square feet (1.116 acres), more or less, being part of the Northwest Quarter (NW1/4) of Section Ten (10), Township Four North (T.4N.), Range Sixty- seven West (R.67W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado,and being more particularly described as follows: BEGINNING at the West Quarter(W 1/4)corner of said Section 10; 1. THENCE North 00°43'12"West along the West line of the Northwest Quarter(NW1/4) of said Section 10 a distance of 698.77 feet to the approximate centerline of the Little Thompson River as it existed in November 2019; The following Three(3)courses and distances are along the approximate centerline of the Little Thompson River as it existed in November 2019: 2. THENCE North 63°59'28"East a distance of 126.00 feet to a Point of Curvature(PC); 3. THENCE along the arc of a curve, which is concave to the South,a distance of 166.64 feet to a Point of Tangency(PT), said curve having a radius of 130.00 feet, a central angle of 73°26'45"and a long chord bearing South 79°17'09"East a distance of 155.47 feet; 4. THENCE South 42°33'47"East a distance of 55.34 feet; 5. THENCE South 54°34'18"West a distance of 35.44 feet; 6. THENCE North 37°43'O1"West a distance of 56.16 feet; 7. THENCE South 87°18'40"West a distance of 53.40 feet; 8. THENCE South 11°51'45"West a distance of 67.96 feet; DOVAI G .• Ii 38106 l Ve •�•.... •.. d 20 ,YN 9. THENCE South 37°05'34"West a distance of 88.16 feet; 10. THENCE South 63°14'18"West a distance of 81.39 feet; 11, THENCE South 07°11'03"West a distance of 140.74 feet; 12. THENCE South 00°51'46"East a distance of 42.44 feet; 13. THENCE South 29°08'14"West a distance of 20.00 feet; 14. THENCE South 00°51'46"East a distance of 332.99 feet to the South line of the Northwest Quarter(NW1/4)of said Section 10; 15. THENCE North 89°01'40"West along the South line of the Northwest Quarter(NW 1/4)of said Section 10 a distance of 16.57 feet to the POINT OF BEGINNING. The above-described parcel contains 48,605 square feet(1.116 acres),more or less. The purpose of the above-described parcel is for county road Right-of-way. Basis of Bearings: The basis of bearings for project reference is the West line of the Northwest Quarter(NW 1/4)of Section Ten(10),Township Four North(T.4N.), Range Sixty-seven West (R.67W.)of the Sixth Principal Meridian(6th P.M.), County of Weld, State of Colorado,being monumentalized by a#6 rebar with a 2 Y2"diameter aluminum cap stamped"LS 17664, 1989"in a monument box at the South end and by a#6 rebar with a 2 '/2"diameter aluminum cap stamped "LS37968,2010"at the North end,as bearing North 00°43'12"West,being a Grid Bearing of the Colorado State Plane Coordinate System,North Zone, North American Datum 1983/2011,a distance of 2632.28 feet, with all other bearings contained herein relative thereto. Lineal Unit Definition: The lineal dimensions as contained herein are based upon the"U.S. Survey Foot." For and on the behalf of the County of Weld z .1‘1 Michael Chad Dilka, PLS 38106 4': i� . •; t+r 1 King Surveyors(Job#20190709) s 4r•�� •{1 • y 650 East Garden Drive iVx 38106 ito Windsor, CO 80550 i(970)686-5011 �e1.0•10/44#►' Oft . 1�j,`,' ..000 I �,yr.. ;4• .V.• COUNTY OF WELD REAL PROPERTY TO BE ACQUIRED Parcel Number: RW-05 REV FROM Little Thompson Ranch,LLC 9819 WCR 46 %Z Milliken, CO 80543 FOR Project Code: 23137 Project Number: BRO C030-079 Location: Little Thompson Bridge WEL019.0-046.5A •Ealft D I %% " r �. 1 • ?l1.Il i 40. i= 38106 5115 *444441 1 • 11 v.,• ... .••• EXHIBIT A2 EXHIBIT "A" PROJECT CODE: 23137 PROJECT NUMBER: BRO C030-079 PARCEL NUMBER: RW-05 REV DATE: OCTOBER 4, 2024 PROPERTY DESCRIPTION A tract or parcel of land No. RW-05 REV of the County of Weld Project Code 23137, Project Number BRO C030-079, containing 37,528 square feet(0.862 acre), more or less,being part of the Northwest Quarter(NW1/4)of Section Ten(10),Township Four North(T.4N.), Range Sixty-seven West (R.67W.) of the Sixth Principal Meridian(6th P.M.), County of Weld, State of Colorado, and being more particularly described as follows: COMMENCING at the West Quarter(W 1/4)corner of said Section 10;THENCE North 00°43'12"West along the West line of the Northwest Quarter(NW 1/4)of said Section 10 a distance of 698.77 feet to the approximate centerline of the Little Thompson River as it existed in November 2019, said point being the POINT OF BEGINNING; The following Three(3)courses and distances are along the approximate centerline of the Little Thompson River as it existed in November 2019: 1. THENCE North 63°59'28"East a distance of 126.00 feet to a Point of Curvature(PC); 2. THENCE along the arc of a curve,which is concave to the South, a distance of 166.64 feet to a Point of Tangency(PT), said curve having a radius of 130.00 feet, a central angle of 73°26'45"and a long chord bearing South 79°17'09"East a distance of 155.47 feet; 3. THENCE South 42°33'47" East a distance of 55.34 feet; 4. THENCE North 54°34'18"East a distance of 44.62 feet; 5. THENCE North 37°43'O1"West a distance of 92.42 feet; 6. THENCE North 60°24'13"West a distance of 57.90 feet; 7. THENCE North 79°13'30"West a distance of 49.34 feet; 5 )3 = 38106 >14i al /#1,4 ,1 is sd•••... •••• '•,!. 8. THENCE South 88°40'40"West a distance of 91.03 feet; 9. THENCE North 79°35'16"West a distance of 63.14 feet; 10. THENCE North 00°46'51"West a distance of 405.75 feet; 11. THENCE South 89°16'48"West a distance of 32.55 feet to the West line of the Northwest Quarter(NW1/4)of said Section 10; 12. THENCE South 00°43'12"East along the West line of the Northwest Quarter(NW1/4)of said Section 10 a distance of 537.05 feet to the POINT OF BEGINNING. The above-described parcel contains 37,528 square feet(0.862 acre),more or less. The purpose of the above-described parcel is for county road Right-of-way. Basis of Bearings: The basis of bearings for project reference is the West line of the Northwest Quarter(NW 1/4)of Section Ten(10),Township Four North(T.4N.),Range Sixty-seven West (R.67W.)of the Sixth Principal Meridian(6th P.M.), County of Weld, State of Colorado,being monumentalized by a#6 rebar with a 2 %Z"diameter aluminum cap stamped"LS17664, 1989"in a monument box at the South end and by a#6 rebar with a 2 '/2"diameter aluminum cap stamped "LS37968,2010"at the North end,as bearing North 00°43'12"West,being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone,North American Datum 1983/2011,a distance of 2632.28 feet, with all other bearings contained herein relative thereto. Lineal Unit Defuution: The lineal dimensions as contained herein are based upon the "U.S. Survey Foot." For and on the behalf of the County of Weld ;,-Tig ';.• , ,if ›4 Michael Chad Dilka, PLS 38106 ' . �' ' King Surveyors(Job#20190709) • 650 East Garden Drive i 38106 Windsor, CO 80550 ViA1-709f_(970) 686-5011 ;`•..., •..,• COUNTY OF WELD REAL PROPERTY TO BE ACQUIRED Temporary Easement Number: TE-05 REV FROM Little Thompson Ranch,LLC 9819 WCR 46 Y2 Milliken,CO 80543 FOR Project Code: 23137 Project Number: BRO C030-079 Location: Little Thompson Bridge WEL019.0-046.5A :x 3810fi ;`s� i 1.14-101411 tp ••.. • ik • EXHIBIT As EXHIBIT"A" PROJECT CODE:23137 PROJECT NUMBER:BRO C030-079 TEMPORARY EASEMENT NUMBER:TE-05 REV DATE:OCTOBER 4,2024 PROPERTY DESCRIPTION A Temporary Easement No. TE-05 REV of the County of Weld Project Code 23137,Project Number BRO C030-079, containing 39,259 square feet(0.901 acre),more or less,being part of the Northwest Quarter(NW 1/4)of Section Ten (10), Township Four North (T.4N.), Range Sixty-seven West (R.67W.) of the Sixth Principal Meridian (6th P.M.), County of Weld,State of Colorado,and being more particularly described as follows: COMMENCING at the West Quarter(W 1/4)corner of said Section 10;THENCE North 00°43'12"West along the West line of the Northwest Quarter(NW 1/4)of said Section 10 a distance of 1235.82 feet to the POINT OF BEGINNING; 1. ,THENCE continuing North 00°43'12"West along the West line of the Northwest Quarter(NW 1/4)of said Section 10 a distance of 161.35 feet; 2. THENCE North 89°16'14"East a distance of 41.10 feet; 3. THENCE South 14°33'21"East a distance of 63.53 feet; 4. THENCE North 89°54'08"East a distance of 43.29 feet; 5. THENCE South 00°12'19"East a distance of 517.16 feet; 6. THENCE North 79°35'16"West a distance of 63.14 feet; 7. THENCE North 00°46'51"West a distance of 405.75 feet; 8. THENCE South 89°16'48"West a distance of 32.55 feet to the POINT OF BEGINNING. The above-described Temporary Easement contains 39,259 square feet(0.901 acre),more or less. The purpose of the above-described Temporary Easement is for construction of bridge and road improvements. Basis of Bearings:The basis of bearings for project reference is the West line of the Northwest Quarter(NW 1/4)of Section Ten(10),Township Four North(T.4N.),Range Sixty-seven West(R.67W.)of the Sixth Principal Meridian(6'h P.M.),County of Weld,State of Colorado,being monumentalized by a#6 rebar with a 2%:"diameter aluminum cap stamped"LS17664, 1989"in a monument box at the South end and by a#6 rebar with a 2 h"diameter aluminum cap stamped"LS37968,2010"at the North end,as bearing North 00°43'12"West,being a Grid Bearing of the Colorado State Plane Coordinate System,North Zone,North American Datum 1983/2011,a distance of 2632.28 feet,with all other bearings contained herein relative thereto. Lineal Unit Definition:The lineal dimensions as contained herein are based upon the"U.S.Survey Foot." For and on the behalf of the County of Weld lilt ' / \IN Michael Chad Dilka,PLS 38106 �i' • ,' King Surveyors(Job#20190709) • ,,Z y� 650 East Garden Drive / •.S Y Windsor,CO 80550 j = 38106 o (970)686-5011 tot5.19. ._ �,•0 1 COUNTY OF WELD REAL PROPERTY TO BE ACQUIRED Parcel Number:TE-05A REV FROM Little Thompson Ranch,LLC 9819 WCR 46 % Milliken, CO 80543 FOR Project Code: 23137 Project Number: BRO C030-079 Location: Little Thompson Bridge WEL019.0-046.5A 1 , /. • ra iN 38106 EXHIBIT A14. EXHIBIT"A" PROJECT CODE: 23137 PROJECT NUMBER: BRO C030-079 PARCEL NUMBER: TE-05A REV DATE: OCTOBER 4,2024 PROPERTY DESCRIPTION A tract or parcel of land No. TE-05A REV of the County of Weld Project Code 23137, Project Number BRO C030-079,containing 7,200 square feet(0.165 acre),more or less,being part of the Northwest Quarter (NW 1/4)of Section Ten(10),Township Four North(T.4N.), Range Sixty-seven West(R.67W.)of the Sixth Principal Meridian(6th P.M.), County of Weld, State of Colorado, and being more particularly described as follows: COMMENCING at the West Quarter(W 1/4)corner of said Section 10;THENCE North 03°33'38"East a distance of 1333.44 feet to the POINT OF BEGINNING; 1. THENCE North 89°47'41"East a distance of 60.00 feet; 2. THENCE South 00°12'19"East a distance of 120.00 feet; 3. THENCE South 89°47'41"West a distance of 60.00 feet; 4. THENCE North 00°12'19"West a distance of 120.00 feet to the POINT OF BEGINNING. The above-described Temporary Easement contains 7,200 square feet(0.165 acre),more or less. The purpose of the above-described Temporary Easement is for construction of bridge and road improvements. Basis of Bearings: The basis of bearings for project reference is the West line of the Northwest Quarter (NW1/4)of Section Ten(10),Township Four North(T.4N.),Range Sixty-seven West(R.67W.)of the Sixth Principal Meridian(6'P.M.),County of Weld,State of Colorado,being monumentalized by a#6 rebar with a 2 W'diameter aluminum cap stamped"LS 17664, 1989"in a monument box at the South end and by a#6 rebar with a 2%"diameter aluminum cap stamped"LS37968,2010"at the North end,as bearing North 00°43'12"West,being a Grid Bearing of the Colorado State Plane Coordinate System,North Zone,North American Datum 1983/2011,a distance of 2632.28 feet,with all other bearings contained herein relative thereto. Lineal Unit Definition: The lineal dimensions as contained herein are based upon the"U.S. Survey Foot." For and on the behalf of the County of Weld ��•��;�� Michael Chad Dilka,PLS 38106 �•?1�•�l a...King Surveyors(Job#20190709) • t . • tit 650 East Garden Drive v� S Windsor,CO 80550 38106 E (970)686-5011 °I',C, •� °.14• vb I•... .•••g A. Weld County Attorney's Office tcf/iij � (970)336-7235 [�•, 1150 O St.,P.O.Box 758 V Greeley, CO 80632 February 23,2026 Josh Mangiagli Attorney for Little Thompson Ranch, LLC jtm@ablawcolorado.com Subject: Notification of Hearing before the Board of County Commissioners of Weld County You are hereby notified that a public hearing will be held before the Board of County Commissioners on March 46,2026,at 9:00 a.m.The hearing will be held in the Chambers of the Board of County Commissioners of Weld County,Colorado, Weld County Administration Building, 1150 O Street,Assembly Room,Greeley,Colorado 80631. At the hearing,the Board of County Commissioners will consider whether to authorize the Weld County Attorney to file proceedings in eminent domain,pursuant to Section 38-1-101 et. seq. C.R.S.,against Little Thompson Ranch,LLC,in the Weld County District Court to acquire the property described in the attached exhibits. If you have any questions,please contact the Weld County Attomey's Office at(970)336-7235. Respectfully, Adria Schiel Assistant Weld County Attorney 2026-0465 C�AoOfto 3/(4 Ecl U ny- BOARD OF COUNTY COMMISSIONERS PASS-AROUND REVIEW TITLE: Initial Offer for ROW and Permanent Easement-Little Thompson Ranch, LLC, Bridge BR 19/46.5 DEPARTMENT: Public Works DATE: 12/12/2025 PERSON(S)REQUESTING: Mike Bedell, Val Mino, Curtis Hall and Don Dunker Brief description of the problem/issue: Public Works is in the Right of Way(ROW) acquisition phase of the 19/46.5A Bridge Replacement Project. We have received an appraisal for property owned by Little Thompson Ranch, LLC in which the purchase of ROW and temporary easement is required, and we are preparing to send out an initial offer. This purchase includes right-of-way, temporary easements and damage to trees on the property adjacent to the bridge. Appraisal values and the 30% incentive are shown in the table below. Area of 30% Total Area of Temporary Total Temporary Right-of- Value of Incentive on Appraisal Landowner ROW Easement Way Value Easement Damages Appraisal ROW and with (acres) Value (rounded)) Easements Incentive Little Thompson 1.978 1.066 $36,593 $3,945 $9,540 $50,100 $12,161.40 $62,261.40 Ranch, LLC What options exist for the Board? 1. Approve the initial offer for ROW and temporary easements on the Little Thompson Ranch property 2. Do not approve initial offer for ROW and temporary easements on the Little Thompson Ranch property 3. Discuss alternate options for this project in a work session Consequences: Denial of this initial offer will delay the ROW acquisition process. Impacts: Any delay in ROW acquisition will delay the entire project. Costs (Current Fiscal Year I Ongoing or Subsequent Fiscal Years): $62,261.40 in 2025. Recommendation: Public Works staff recommends Weld County extend an initial offer to Little Thompson Ranch, LLC in the amount of$62,261.40 for the purchase of right-of-way and temporary easements related to the Bridge 19/46.5A Replacement Project and they be allowed to negotiate for up to $88,100, if needed. If the negotiated offer exceeds this amount, staff will return to the BOCC for further direction. Support Recommendation Schedule Place on BOCC Agenda Work Session Other/Comments: Perry L. Buck Scott K. James Jason S. Maxey Lynette Peppier Kevin D. Ross ��' WELD COUNTY GOVERNMENT INEHEj.: County Attorney's Office COUNTY,CO >nvmn l Al n w. Bridge 19-46.5A Replacement • ,.. • or ..... vire .. _ . ._ ,,„_ ... ., • ilk .„----_---N.. . Sole ,SW) A N— O.tows OM oaf..tat ene.4.mo or ruy nat faraourat don..ar°Vulvae was. OSQ•JadN.+,..mu.,M area a..t d.daya.....w 4.2 a+..rcwy Iw ca ado..441..4.Ind el.a.pars••244.2.Mo tos444.4.Sd a.mar,r.v.prrs urea G..b.dal m•ande.t ne ra.+ad w arPMr,.d uma a a.aadem a.r tot is am.w ....1.4•14 drt d Om de and•••arwrey deb.q.40.S v..ul.m V100.ea,Ca.CLYlWC La,1MO..MI TN...00UC•Y USSO.d.Mal OOSq..U•SOLS.AO COMO'MIAS.VIIMMAPOWSd,GtWNRLL1IIIIO OVKS=O 01 MOM id TO Oa WISLL1OMISI A 0)5*01 OR c0.iarna s CO suer i..OAKT 40...MS der.....b..u9..4 w0..MO HMO!,MOOURVI 0.a6u.0Mc PUUL.001.Q)al.a.MOR O weld.gov 0 c rn D r '< v 0 (1 8 ,• ! a ;s ',',',.;:i:',. %41/: �� ' . I, 0 s \f�. k4; rn s• MI /(,, i;. • , Z r S\ I� 1.)1 /`4 \ \ 1111 q'a. �I� 6V' gip; . \ i . • , -.a'1rt.. � y, 'I ,f , - ' 1/ { z ( ,0, ' "''-',1'. ','•.! a`,1 1 i l•. .3(11 - „ k*.. -, /1.,..:::::::;:,'64:„1" , . , , 1 i'' ' ' 1 ''i :.,I ,a . is i 3 I * t.' I f, (ID likliA,„ 1. 1 .4 ?` ' t ram, "I ` Co °! . I - iq'-. F 1 N .f �� O , .i.:, ,'�.,,.„..._,, :. ,, . ; „, isti.,, 'i' W ., ; ,4t i : , • , e N .. - II O ': m z Q { r (0 p 1,, 0 Hello