HomeMy WebLinkAbout982037.tiff (it
BOARD OF COUNTY COMMISSIONERS
PHONE (970) 356-4000, EXT.4200
FAX: (970) 352-0242
ip P.O. BOX 758
C. GREELEY COLORADO 80632
COLORADO
October 5, 1998
Michael Morgan
Region Four Right of Way
State of Colorado, Department of Transportation
1420 2nd Street
Greeley, CO 80631
RE: NH IR(CX)025-3(109), East Frontage Road, Parcels 1, TE-1 , Subaccount #91032
Dear Mr. Morgan:
Weld County is in receipt of your letter dated September 9, 1998, notifying us of your
intention to purchase a right-of-way and temporary construction easement for a new bridge
to carry the 1-25 outer road over the St. Vrain Creek. We understand that this property
is part of the County's Hokestra Gravel pit.
Upon submittal, the Board of Weld County Commissioners will review the submitted
appraisal and offer.
Sincerely,
BOARD OF COUNTY COMMISSIONERS
7 ' },a 1 y x
W. H. Webster, Protem
cc: Frank B. Hempen, Jr., Director of Public Works/County Engineer
Drew Scheltinga, P.E., Civil Engineer III
Greg Nelson, Mining Supervisor
Hokestra gravel pit file
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gD 982037
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CORRESPONDENCE RESPONSE
DEPARTMENT frank )4En-ten - EC
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****PLEASE RESPOND BY: 9/(9SnY ****
RECOMMENDED ACTION:
Narrative:
METHOD OF RESPONSE:
Board Action
Worksession
C Letter (Attached)
Telephone Call
No Response
Staff Signa re
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05/28/98
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STA'L'E OF COLORADO
DEPARTMENT OF TRANSPORTATION
w ..
Lazo 2nd Street _
Greeley,Colorado 80631 ��'
(970)353-1232
NH IR(CX)025-3(109)
East Frontage Rd.
Parcels 1, TE-1
September 9, 1998
Subaccount #91032
Weld County
933 N. 11th Avenue
Greeley, CO 80631
NOTICE OF INTENT/AUTHORITY TO OBTAIN APPRAISAL
As you may be aware, the Colorado Department of Transportation (CDOT) is
in the process of planning and designing a project to replace the bridge
over the St. Vrain, building a drop structure east of the new bridge and
channel work west of the the interstate. Design has progressed to a point
that the Department has determined that it will need to acquire property
from you for this improvement. The captioned parcels are required for
the realignment of the frontage road into the new bridge. The toes extend
into the existing ponds to be constructed in the TE.
Section 38-1-121 of the Colorado Revised Statutes (copy attached) requires
that this notice of intent be provided. Enclosed, please find preliminary
plans outlined in color 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.
CDOT will secure an appraisal of the property from an experienced, professional
appraiser for our use in determining just compensation. This notice does
not imply a value for this parcel . It does, however, provide that COOT
will pay reasonable cost for an appraisal , prepared by an appraiser of
the owners choosing of these property rights, provided:
1. The appraisal is made using sound, fair and recognized appraisal
practices consistent with law. The enclosed Appendix A contains some
basic appraisal format guidelines. Please give these guidelines to
the appraiser you retain.
2. THREE copies of your appraisal are submitted to CDOT along with the
appraiser' s invoice, within 90 days from your receipt of this notice.
Please Note: CDOT is not obligated to pay for appraisals received after
90 days from receipt of this letter.
'i::5 /
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 the appraisal must be submitted within
90 days from receipt of this letter, along with the appraiser's invoice
to you for his services.
The Department' s Survey Crew will stake your property prior to the appraiser
visiting your location. These stakes will show the existing ROW, the proposed
ROW and the 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 structure, boundary lines, or other features.
This letter is to notify you of your rights to obtain your own appraisal
and to inform you that design has progressed to the point that the Department
has determined that it intends to acquire property from you for this improvement.
If you choose not to obtain an independent appraisal , we will use the infor-
mation secured by the CDOT appraiser and proceed accordingly.
If you have any questions or need further information concerning this matter,
please contact me at (970)350-2154.
Very truly yours,
Michael Morga
Region Four Right of Way
MDM/cm
Enclosures
cc: Pat Bergman/Staff ROW
Survey
File via Grube
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COLORADO DEPARTMENT OF TRANSPORTATION
REAL PROPERTY
TO BE ACQUIRED
FROM
PARCEL NO. 1 Weld County
, a body corporate and
politic of the State of Colorado
FOR
PROJECT NO. 0253-154 STATE HIGHWAY NO. I-25
East Frontage Rd. (St. Vrain River)
PROJECT CODE: 91032
�rTi;3i
C:PROJECTS\9101PT PLlAT c\pen,rnr,
EXHIBIT "A"
PROJECT NUMBER: 0253-154
PARCEL NUMBER: 1
PROJECT CODE: 91032
DATE: 8/25/1998
LEGAL DESCRIPTION
A tract or parcel of land No. 1 of the Department of Transportation, State of
Colorado, Project No. 0253-154 containing 0.645 hectares (1.593 acres) , more or less,
in the NW 1/4 of Section 2, Township 2 North, Range 68 West, and the SW 1/4 of
Section 35, Township 3 North, Range 68 West, of the Sixth Principal Meridian, in Weld
County, Colorado, said tract or parcel of land being more particularly described as
follows:
Commencing at the NW corner of Section 2; Thence N. 89° 13' 00" E. , along the
North line of the NW 1/4 of said Section, a distance of 88.591 meters (290.65 feet)
to the TRUE POINT OF BEGINNING;
1. Thence S. 0° 01 ' 16" E. , a distance of 42.779 meters (140.35 feet) ;
2. Thence S. 89° 58' 44" W. , a distance of 35. 000 meters (114.83 feet) ;
3. Thence S. 0° 01' 16" E. , a distance of 73. 614 meters (241. 51 feet) ;
4. Thence along the arc of a curve to the right having a radius of 3030.000 meters
(9940.93 feet) , a distance of 184.811 meters (606.33 feet) , (the chord of said
arc bears S. 1° 43 ' 34" W. , a distance of 184.762 meters (606.24 feet) ) ;
5. Thence S. 3° 28' 25" W., a distance of 7.156 meters (23.48 feet) ;
6. Thence along the arc of a curve to the left having a radius of 2970.000 meters
(9744.08 feet) , a distance of 165.025 meters (541.42 feet) , (the chord of said
arc bears S. 1° 52 ' 54" W. , a distance of 165.004 meters (541.35 feet) ) , to
the existing East Right of Way (R.O.W. ) line of Interstate Highway 25 as
described at Reception No. 2549309;
7. Thence N. 0° 01' 31" W., along said East R.O.W. line, a distance of 472.524
meters (1550.27 feet) , to the North line of the NW 1/4 of Section 2;
8. Thence N. 89° 13' 00" E. , along said North line, a distance of 46.588 meters
(152. 85 feet) , more or less, to the TRUE POINT OF BEGINNING.
The above-described portion of Parcel 1 contains 0.524 hectares/5240.1 square
meters (1.295 acres/56403 square feet) , more or less.
Also
Commencing at the SW corner of Section 35; Thence N. 89° 13' 00" E. , along the
South line of the SW 1/4 of Section 35, a distance of 88.591 meters (290.65 feet) to
the TRUE POINT OF BEGINNING;
1. Thence S. 89° 13' 00" W. , along said South line, a distance of 46.588 meters
(152. 85 feet) , to the existing East Right of Way (R.O.W. ) line of Interstate
Highway 25, as described at Reception No. 2549309;
C:PROJECTS V 91032VLEGALSWAR1 Tine / ),'_)(, 2., -7
/:_)
2. Thence N. 0° 01' 31" W. , along said East R.O.W. line, a distance of 21.130
meters (69.33 feet) , to the North line of that property described at Reception
No. 2261418 and Reception No. 2261419 of the Records of the Clerk and Recorder
in Weld County;
3. Thence N. 77° 42 ' 53" E. , along said North line, a distance of 47.673 meters
(156.41 feet) ;
4. Thence S. 0° 01' 16" E. , to the South line of the SW 1/4 of Section 35, a
distance of 30. 637 meters (100.52 feet) , more or less, to the TRUE POINT OF
BEGINNING.
The above-described portion of Parcel 1 contains 0. 121 hectares/1205. 8 square
meters (0.298 acres/12979 square feet) , more or less.
The above-described Parcel 1 contains 0.645 hectares/6445.9 square meters (1.593
acres/69382 square feet) , more or less.
Basis of Bearings: All bearings are based on a line connecting the NW corner of
Section 2, T. 2 N. , R. 68 W. , 6th P.M. (3 1/2" aluminum cap stamped P.L.S. 10740) and
the North 1/4 corner of Section 2, (3 1/2" aluminum cap stamped P.L.S. 10740) as
bearing N. 89° 13' 00" E.
For and on Behalf of the Colorado
Department of Transportation
Myron Duane Hora, PLS #29754
1420 2nd. St. Greeley, CO. 80631
M,Region 4.Checked By:
C:\PROJECTS\91032\LEGALS\PARI DOC -;1(X)
7
COLORADO DEPARTMENT OF TRANSPORTATION
PROPERTY OWNER APPRAISAL MINIMUM REQUIREMENTS
1. Project Enhancement must be considered.
2. Cash equivalency must be properly considered for each comparable.
3. Map plats must be adequate and properly marked.
4. A comparable sales map is required.
5. All sales must be confirmed with purchaser or seller.
6. Highest and Best Use must be clearly supported.
7. An appraisal must be consistent with Highest and Best Use.
8. The appraiser must make dollar or percentage adjustments to all
comparable sales in his correlation to subject property. The appraiser
must provide adequate support for each adjustment.
9. Subject property, comparable sales, and zoning should be consistent
or adequately discussed if not consistent.
10. The purpose of appraisal must include a statement of value to be
estimated and rights or interest being appraised.
11. The appraisal must include identification of the property and its
ownership, including at least a 5-year delineation of title. Recent sales
of subject must be included and discussed in appraisal report.
12. The appraisal must include a statement of appropriate contingent and
limiting conditions.
13. The appraisal must include an adequate description of the
neighborhood, the property or interest therein being acquired. The
remainder(s) must be clearly described.
14. Identified photographs of the subject property, including all principal
above-ground improvements taken or affected,and features affecting
the value of the property to be acquired or damaged.
15. The appraisal must include an identification or listing of the buildings,
structures, and other improvements on the land, as well as the
fixtures, which the appraiser considered to be a part of the real
property to be acquired.
16. The estimate of market value for or resulting from the acquisition. In
the case of a partial acquisition, where appropriate, either in the
report or in a separate statement, a reasonable allocation of the
estimate of market value for the real property to be acquired and for
benefits or damages to remaining real property.
17. In determining the amount of compensation to be paid for 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 50 percent of the total amount of compensation to be paid
for the property actually taken.
18. The appraisal must include the data and analyses, or reference to
same, to explain, substantiate and thereby document, the estimate of
market value.
19. The appraisal must include the date(s) on which and/or as of which, as
appropriate, the market value is estimated.
20. The appraisal must include certification, signature, and date of
signature of the appraiser.
21. The appraisal must include other descriptive material (maps, charts,
plans, photographs).
22. The appraisal must include the Federal-aid project number and parcel
identification.
23. The appraisal must comply with uniform standards of professional
appraisal practice.
24. Appraisers must always be alert to the possibility of soil contamination
and toxic waste. These issues must be addressed in the appraisal when
applicable. Does this apply?
cdot\docs\mi nap pr.req
2
COLORADO REVISED STATUTES
SECTION 38-1-121
•
38-1-121. Appraisals - negotiations. (I) 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 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 persons copies of its appraisals. If the property
interest is being acquired in relation to a federal aid project,then the apprais-
als 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 these 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 apprais-
als.
(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 emi-
nent 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 con-
demning agency to institute eminent domain proceedings or to obtain immedi-
ate 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 author-
ity, prior to proceeding to triad on the issue of valuation, shall furnish all
owners of record a written final offer.
Source: (I)amended and (6)added, L. 85, p. 1194, § 5.
9 c ;3
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