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Home My WebLink About880870.tiff RESOLUTION RE: APPROVE CONDEMNATION OF CERTAIN PROPERTY LOCATED IN THE NORTHEAST QUARTER OF SECTION 32 , TOWNSHIP 6 NORTH, RANGE 65 WEST OF THE 6TH P.M. , WELD COUNTY, COLORADO 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, certain property located in the NEI of Section 32 , Township 6 North, Range 65 West of the 6th P.M. , Weld County, Colorado, is required for the construction of a public sewer line, and WHEREAS, it appears that the recorded fee owners of said property are Roy M. and Maureen C. Martin, and WHEREAS , the County has not been able to acquire the property by deed or otherwise, and WHEREAS , the Board has determined that the condemnation of the above described property is in the best interests of Weld County and that the County Attorney be authorized to participate with the City of Greeley in condemnation proceedings against the E 10 ' of the W 40 ' of that property which is described in the deed recorded at Book 627 , Reception Number 1548613 , of the records of the Weld County Clerk and Recorder, being more particularly described in Exhibit A, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the County Attorney is hereby authorized to proceed with condemnation proceedings on the hereinabove mentioned property. 880870 Page 2 RE: CONDEMNATION OF PROPERTY The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 29th day of August, A.D. , 1988 . BOARD OF COUNTY COMMISSIONERS ATTEST: WEL COUNTY, COLORADO Weld County erk and Recorder am,/ and Clerk to the Board ene R. Brantner, Chairman SHY: _ �cYk-u ,> car ri' C.WCrb , Pro- em eputy County lerk APPROVED AS TO FORM: a que 1'ne J.h' son t G.rd E . ac + l ty Attorney C Frank amaguchi 880870 Y •. •= y . • . - `°°x'62'7 t. Recorded JUN 3 )970 at . • o'eloekb. ' Receptton No. 1S48613 , Recorder. — 1 ' . TH! DEED, Wade this 31st day of Max in the year of our Lord • • 1970 between KENNETH R. ECKERT and PA!.?! P. ECKERT ' ' of the City of Greeley, County of Weld, and State of Colorado, of the first part; and aor N. MARTIN and MAUREEN C. MARTIN of the City of Greeley, County of Weld and State of Colorado, of • the second part: // WITNESSETH: . That the sLid party of the first part, for .S. valuable consideration and the svt of Ten and 00/100 Dollars, In Ora to the said party of the firsa part in hand paid by the said parties of the second part, the receipt whereof is hereby con- fessed and acknowledged, has granted, bargained, sold and conveyed, . and by these presents does grant, bargain, sell, convey and con- ' firm unto the said parties of the second part, to pass not in tenancy in cpmmon but tp joint tenancy, the survivor of them their assi-gAs and the heirs and assigns of such survivor foi lt-4` --, o ' all the following described parcels of land, situate, lyino and en (M!:)ui being in the Northwest Quarter ( 'S) of Section 32, Township 6 . tl North, Range 65 West of the Sixth Principal Meridian, County of N Weld, State of Colorado, being more particularly described as • follows: " - Commencing at the Northwest Corner (VW Cor) of said Section 32, ' Township 6 North, Range 65 West of the Sixth Principal Meridian and considering the West line of the Northwest Quarter (N.1ii) to bear South 00 15' 40" West with all bearings contained herein relative thereto; • Thence South 00° 15' 40" ':est alonc said West line of the North- t � west Cuarter (: 's'-) of Section 32, 1501. 17 feet to the True Point . .-i of Becinning of°said parcel; • •o Thence South 89 58' 20" East, 289.47 feet; . Thence South 03° 12' 20" West, 91. 88 feet; UN Thence North 96° 02' 26" West, 111.56 feet; • est Thence North 39° 28' 10" West, 2 . E7 feet; •e-: Thence North D0° 47' 30" East, 30.78 feet; "' Thence North 89° 58' 20" West, l'.':7.45 feet to said West line of • a- • the Northwest quarter (tfl .) of S•?ction 32; N Thence North 00° 15' 40" East along said West line of the North- h .� west Quarter (IM ) of Section 32, 34.89 feet to the True Point o of Beginning of said parcel. C o Said parcel of land contains 0. 392 acres. Also a parcel of land described as follows, to-wit: t^ en ( ( Commencing at the Northwest Corner (N'.'; Cor) of said Section 32, Township 6 North, Range 65 West of the Sixth Principal Meridian, and considering the West line of the Northwest Quarter (err%) . to bear South C0° 15' 40" West with all hearings contained herein relative thereto: Thence South 00° 15' 40" West along said West line of the North - • west Cuarter (Ni )1Y of Section 32, 1536.06 feet to the True Point • of Beginning of said parcel ; Thence South. 89° 58' 20" East, 157.45 feet; 'Thence South co: 47' 30" West, 30.78 feet; Thence South 39 28' 10" East, 23.87 feet; State Documentary Fee . Thence South REo 02' 26" East, 437. 37 feet; Date JUN ' 1970 • Thence South 21 11' 24" ;'Test, 271.23 feet; n ' • • Thence North (40 08' 40" West, 320.55 feet; $ ni Thence North 70 02' 20" West, 110.07 feet; • . Thnnr„ N0,,th :Tin .1/ , 4n.. Wrcl , t i . it1 fnrt; Ihun .• •it..i 11, II" •11 ' .'n•• •... •.1 , 1 "u, /„ t..nt to n point on aai.; nest line of the Unrtt.w•rht Luartcr (:::.!:.) of Section :s2; Thence North 00° 15' 40" East along said test line of the North- west Quarter (ire's) of Section 32, 129.09 feet to the True Point • of Beginning. ill :. T ,.Cap, t`' 880870 • ;. ..r..d1C11:4627 ? I 1548613 a I TOiITIIaR with all .rote, sle..suler the hcredtterrnnts end appur- .o • . n,tenencos thereunto helnnclne, or in any wise appertaining, end a: the reversion and reversions, r-1•Dinr'•'r enr' remainders, rents, . 4'issuns and profits thereof; any all the estate, right, title, interest, claim and demand whatsn. ver of the said party of the 1. Lifirst part, either-. in law or equity, of, in' and to the above bar • - gained premises, the hereditament, and appurtenances. • TD AV/72 AND TO HOLD the said premises above bargained and ': described, with appurtenances, unto the said parties of the second part, the lurvivor•of them. their assigns, and the heirs and assigns ' of eueh survivor forever. And thn said party of the first part, for himself, his heirs, executor!, and administrators, does covenant, . ' grant, bereatn and agree to and with the said parties of the second :ert, the' survivor of them, their sseiyns and the heirs end assigns ' • of surb survivor, that et the time of the ensealinn and delivering - . •of these presents, he is well seized of the premises abnvn conveyed, es of good, sure, prefect, absolute and indefeasible estate of in- heritance, in law, in fee simple, and has nood right, full power and lawful authority to grant, hergain, sell and convey, the same : in manner and form aforesaid, and, that the same are free and clear : , , . ' from all former and other grants, Lzrcains, sales, liens, taxes, , assessments and 1+ecumbrances of r:hetrvrr kind or nature !Dever; • except, subject to the 1970 Tax assessment payable in 1971 re- servations, exceptions, covenants, conditions and restrictions • . created by instruments of record and rights-of-way and easements ; � establisheu on the premises and t' e shove bargained premises in the quiet •and peaceable possession of the said parties of the • second part, the survivor of tilt..., their assigns and the heirs and assigns of etch survivor, against all and every person or • p^_sons lawfully claiming or to claim the whole or ar.y part thereof, the said party of the first part shall and will WAJt1AYT AND FOREVER DEFc'JD, Its 'dttr'_SS 'j,j ?OE, the 'al ' witty of the first rust has ' : hereuntn ':et. his hand and steal the dcy and year y.ff..//ir/stt above written. Signed, Sealed and Delivered 3 / 174,YYtall'i e & v tn.) ' in the Presence of � r1SEAL) (SEAL) • * • ' STATE OF CeLGRADO, ss. The foregoing instrument was acknowledged i .C.Crii'h a•4111I.D.: before +•,e this t / S_ _,day of ?P. NN.. ,•tr�ti nip 7 0 T 4 '166..* \ • • • •By Ke eth R. Eckert and Panay P. Eckert • ill . ...° , , ;:nil) p ` j0 • f ' �%:ttness Py Hand and Official Seal .. ~ ' y '11 remmissiron cz r , ?:.y Commission Expires Y elm, • I . . ••)� _ + .t �; . •• . •. . ..f 1• I + 88081 DISTRICT COURT, COUNTY OF WELD, COLORADO - Lase No. 88-CV- 0701 Division 2, -PETITION-PETITION IN CONDEMNATION AND REQUEST FOR IMMEDIATE POSSESSION CITY OF GREELEY, COLORADO, and THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, COLORADO, Petitioners , v. ROY M. MARTIN and MAUREEN C. MARTIN, MEGAPOLITAN MORTGAGE CO. , GREELEY NATIONAL BANK, PROFESSIONAL FINANCE COMPANY, CARMEL RODRIGUEZ , FRANCIS M. LOUSTALET, Weld County Treasurer, and ANNE D. NYE , Public Trustee for the County of Weld, Colorado, Respondents. COME NOW the Petitioners, City of Greeley, Colorado , by and through its attorney, below-named, and the Board of County Commissioners of the County of Weld, Colorado , by and through its attorney, below-named, and request that the Court enter an order vesting title in the City of Greeley with respect to the property interest described in paragraph 8 below and determining the amount of just compensation for such title , grant immediate possession of such property, and determine the amount necessary to pay into the registry of the Court in order to gain such possession . As grounds for that request , Petitioners state as follows : 1 . That the City of Greeley, Colorado , is a duly organized municipal corporation, existing as a Home Rule City pursuant to its Charter and the Colorado Constitution. 2 . That the Board of County Commissioners is the governing Board of Weld County, a quasi-municipal corporation, existing as a Home Rule County pursuant to its Charter and the statutes of the State of Colorado and the Colorado Constitution . 3 . The Respondents , Roy M. and Maureen C. Martin (hereinafter the Martins) , appear to be the recorded fee owners of the property which is the subject of this Petition which is described in paragraph 9 below. It further appears from the records of the Weld County Clerk and Recorder that there are no $80870 other -parties claiming a fee interest with 'respect to said property: 4 . ' The Respondents , Megapolitan Mortgage Co. and Greeley National Bank, and Anne D . Nye , Public Trustee for the County of Weld, Colorado, appear to claim some interest in the property described in paragraph 9 below by virtue of (a) Deed (s) of Trust executed by the Martins . 5 . The Respondent, Francis M. toustalet, may claim an interest in the property described in paragraph 9 as a result of any unpaid taxes , assessments , and charges. 6 . Professional Finance Company and Carmel Rodriguez may claim an interst in the property by virtue of judgment liens -against the property. 7 : Petitioner, City of Greeley, Colorado, has the right of eminent domain under the Constitution and laws of the State of -Colorado and under its Charter, and is entitled to condemn real property and interest therein pursuant to said right of eminent -domain. In this proceeding, Petitioner is relying on the procedural provisions contained in Article I of Title 38 , Colorado -Revised Statutes , as well as provisions o£ Section 31-15-709 and Section 31-15-710 , C.R.S . 8 . Petitioner, -Board of County Commissioners of the County of Weld, Colorado, has a right of eminent domain under the Constitution and laws of the State of Colorado and is entitled to condemn real property and interest therein pursuant to said right of eminent domain. In this proceeding, this Petitioner is relying an the procedural provisions contained in Article I of Title 38 , Colorado Revised Statutes, as well as provisions of Section 30-20-402 (1) , C.R.S . 9 . That Petitioners have determined to construct a public sewer line which will service property owned by Petitioner County and other public and private consumers and users in the area north of the Cache La Poudre River in and adjacent to the City of Greeley. The City or, in the alternative , the County requires the property in which the Respondents have an interest or which they are owners . The dimension, location, and area of the property is described as a ten foot permanent easement for right-of-way described as: The east ten feet of the west forty feet of the property described in the deed recorded at Book 627 , Reception Number 1548613 , of the records of the Weld County Clerk and Recorder, a copy of which is attached hereto as Exhibit "A. " All of the above property is located in the Northwest Quarter of 880870 2 Section 32 , Township b North, Range -65 West, - Weld County, Colorado. 9 . -The permanent right-of-way requested is to entitle the City, its successors and assigns , to install , construct, relocate; alter, repair, inspect, maintain, remove, and operate, an underground sewer pipeline, and all appurtenances thereto. Further, said easement is requested for the purpose of the placement of a fill slope for new road construction along Eleventh Avenue adjacent to Respondents ' property. 10 . The Petitioners and the 3tespondents cannot agree as to the compensation to be paid for the acquisition and taking of said property by the Petitioners , and Petitioners are unable to acquire that property by deed or otherwise. The Martins have been given -notice of Petitioners ' intent to acquire an interest in their property. 11 . The real estate within the boundaries of which the property is located is not at this time being devoted to a public use or purpose. 12 . It will be necessary for Petitioners , pursuant to Section 38-1-105 , C.R.S . , to acquire possession of said property interest during the pendency of this action. WHEREFORE , Petitioners prays as follows: a. That the compensation to be paid by Petitioners to Respondents for the taking and condemnation of the property interest described in paragraph 8 of this Petition be determined; b . -That a determination be made as to whether any adjoining lands of the Respondents will be damaged by the taking, and that the amount of compensation to be paid because of such damage also be determined; e. That the Court schedule a hearing at the soonest possible time to determine that amount of money which the -Petitioner will be required to deposit into the registry of this Court as a pre-condition of the entry by the Court of a rule granting immediate possession and use of said property interest to the Petitioner; d. That the Court enter a rule granting immediate possession to the Petitioner City of Greeley with respect to the property interest described in paragraph 8 of this Petition; 880870 3 • e. That the Court enter - a judgment and rule vesting title in the Petitioner City of Greeley with respect to the property - interest described in paragraph 6 of this Petition; f. That this Court such ±urther. relief as the Court deems proper, including the appointment of commissioners to determine compensation if such appointment is appropriate under the provisions of Article I O1 Title 38 of the Colorado Revised Statutes . Respectfully submitted, CITY OF GREELEY, COLORADO ADDRESS OF PETITIONER CITY : $y: ROBERT L0 'P -% 163511 1000 Tenth Street Greeley Ci y Attorney Greeley, CO 80531 Law Department City of Greeley 1-000 Tenth Street Greeley, Colorado 80631 (303) 350-975-8 BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, COLORADO THOMAS 0. DAVID WELD COUNTY ATTORNEY ADDRES OF PETITIONER -COUNTY: LEE D. MORRISON \ $$067 915 Tenth Street Assistant County Attorney Greeley, CO 80631 913 Tenth Street P. 0. Pox 1948 Greeley, Colorado 80632 (303) 356-4000 , Ext. 4391 880870 4 Hello