HomeMy WebLinkAbout910113.tiff RESOLUTION
RE: APPROVE CONDEMNATION OF CERTAIN PROPERTY FOR RIGHT-OF-WAY
ALONG 59TH AVENUE (WCR 29 . 5)
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, in 1981 Weld County placed a cement barrier along
the eastern edge of 59th Avenue (WCR 29 . 5) around its curve
immediately south of 21st Street, and
WHEREAS , although the cement barrier is situated at the edge
of 59th Avenue (WCR 29 .5) , it is within a ten-foot utility
easement area located at the western edge of Lots 55 and 56 , Block
1 , First Replat of Second Addition to Highland Hills, a
subdivision of Weld County, Colorado, as show in Book 794,
Reception No. 1715764, in the Office of the Weld County Clerk and
Recorder, and
_ WHEREAS, said lots are currently owned by Harry S. and Helen
E. Cross, and
WHEREAS, the County now wishes to acquire the property on
which the cement barrier is located In said Lots 55 and 56 , with
said property being described in the attached Exhibits "A" and
"B" , 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 property is in the best interests of Weld County and that the
Weld County Attorney is hereby authorized to proceed with the
condemnation action against that property which is more
particularly described in Exhibits "A" and "B" .
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the Weld County
Attorney is hereby authorized to proceed with the condemnation
proceedings on the hereinabove mentioned property.
910113
}2,
I
PAGE 2
RE: CONDEMNATION OF PROPERTY FOR RIGHT-OF-WAY ALONG 59TH AVENUE
The above and foregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on the 2nd day of
January, A.D. , 1991 .
ATTEST: ax Wawa? BOARD OF WELD COU COUNTYOLCOMMOISSIONERS
Weld County Clerk ia
i
a Board
Gor a , airman
BY= % im
Deputy le k to the B art �E __�cA
APPROVED S TO FO rge Kennedy, Pro-Temci
(EXCUSED)
Constance L. Harbert
ounty Attorney /mac
C. W. Kir y /
b 1 /Oa_
W. H. We s er
e�. ull3
OFFICE OF BOARD OF COUNTY COMMISSIONER:
PRor+E (303) 356-4000, i
P.O.. Box 75 75i
GREELEY, COLORADO 8063:
glipe
COLORADO
July 9, 1990
Greeley City Council
1000 Tenth Street
Greeley, CO 80631
RE: Condemnation for Additional Right-of-Way Along 59th Avenue
Dear Councilors:
Mr. Harry S. Cross has asked the Board of County Commissioners of Weld
County, Colorado, to remove the cement barrier located along the east side
of 59th Avenue, immediately south of 21st Street. Mr. Cross owns Lots 55
and 56,_ in _Block 1, Amended First Replat of the Second Addition to the
Highland Hills Subdivision. Enclosed you will find a plat which shows the
two lots owned by Mr. Cross. The barricade is situated within the ten foot
utility easement on the plat. Mr. Cross specifically wishes to have the
barricade removed from his Lots 55 and 56.
The City of Greeley has annexed to the western lot line of Lots 55 and 56.
Thus, the barricade is located within the utility easement and within the
City of Greeley.
The Board of County Commissioners has reviewed Mr. Cross' request. The
Board believes . that the barricade is necessary for public safety. It was
installed in 1981 at the request of various neighbors in order to prevent
vehicles from traveling off the roadway and into backyards. The barricade
cannot be moved closer to the roadway. It is presently situated only two or
three feet from the edge of the pavement. Moving the barricade closer will
only cause vehicles to crowd close to the centerline of the road or travel
in the oncoming traffic lane. Thus, the barrier must remain in its current
location.
The Board recognizes the fact that the cement barrier is not entirely
consistent with the nature of use of the easement, i.e. for the placement of
utilities. The County has been informed by the Public Service Company that
the cement barrier presents no immediate problem for locating power poles to
provide Mr. Cross' lots with electric power. The Company plans to spot the
poles immediately to the east of the barrier.
The Board of County Commissioners believes that in order to keep the barrier
in place, a right-of-way must be obtained through condemnation along the
COW
p)C/�
Greeley City Council
Page 2
July 9, 1990
ten-foot easement area of the lots owned by Mr. Cross. Because the
barricade extends into Lots 57, 58, and 59, the right-of-way through those
lots must also be acquired and/or condemned. Weld County will pay for the
acquired and/or condemned right-of-way; however, given that the condemnation
area is located within the boundaries of the City of Greeley, the City must,
therefore, be a party to the condemnation action. The Board of County
Commissioners respectfully requests that the City of Greeley authorize the
condemnation of right-of-way in Lots 55, 56, 57, 58, and 59, in Block 1,
Amended First Replat of the Second Addition to the Highland Hills
Subdivision, a subdivision of Greeley, Colorado, according to the legal
descriptions which are enclosed. The Board has authorized the County
Attorney's Office to proceed with the necessary details of the condemnation
action. The County Attorney's Office will work closely with the City
Attorney's Office to accomplish the condemnation.
Thank you for your consideration in this matter.
Very truly yours,
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
te iciaatitfrr
•
Gene R. Brantner
Chairman
xc: Bruce T. Barker, Assistant County Attorney
Drew Scheltinga, County Engineer
George Goodell, Road and Bridge Director
9 / cal
Hello