HomeMy WebLinkAbout20232948.tiffRESOLUTION
RE: APPROVE SETTLEMENT AGREEMENT FOR COUNTY ROADS 66 AND 41
INTERSECTION IMPROVEMENTS PROJECT AND AUTHORIZE CHAIR TO SIGN -
DARYL AND DALENE SCHUMP
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, the Board has been presented with a Settlement Agreement for the County
Roads 66 and 41 Intersection Improvements Project between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the
Department of Public Works, and Daryl and Dalene Schump, commencing upon full execution of
signatures, with further terms and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, 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 Settlement Agreement for the County Roads 66 and 41
Intersection Improvements Project between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, on behalf of the Department of
Public Works, and Daryl and Dalene Schump, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 4th day of October, A.D., 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Weld County Clerk to the Board
rn
Deputy Clerk to the Board
AP" • D AS TO
ounty Att•,�%�
Date of signature:
I
9123
man, Chair
Per L. Bu % . Pro-Tem
K. James
Ross
D
ine
cc: Pca(CN/ER/OD/cl)
10/20/23
2023-2948
EG0081
SETTLEMENT AGREEMENT BETWEEN DARYL D. SCHUMP AND DALENE N.
SCHUMP AND WELD COUNTY, COLORADO
THIS SETTLMENT AGREEMENT is made this (4th day of OCt"4b2V 2023, by and
between Daryl D. Schump and Dalene N. Schump, whose address is 19755 County Road 66,
Greeley, CO 80631, hereinafter collectively referred to as "Owner," and WELD COUNTY, a
body corporate and politic of the State of Colorado, by and through its Board of County
Commissioners, whose address is 1150 'O' Street, Greeley, Colorado 80631 hereinafter referred
to as "County." Owner and County may be collectively referred to herein as, "the Parties."
WHEREAS, Owner owns a parcel of real property containing the property described in the
attached Exhibit A and depicted in the attached Exhibit B, hereinafter referred to as "Public Road
Right -of -Way" or "ROW," and
WHEREAS, County finds it necessary to construct improvements on Weld County Road
("WCR") 66, west of its intersection with WCR 41, hereinafter referred to as the "Project," and
WHEREAS, for construction of said improvements, County must purchase ROW, and
WHEREAS, County threatened to condemn the ROW, and
WHEREAS, in lieu of condemnation, Owner and County have reached this Settlement
Agreement so that the County may complete the Project.
NOW, THEREFORE, the parties herein agree as follows:
I. EXHIBITS INCORPORATED. The following exhibit is attached and incorporated into
this Settlement Agreement.
Exhibit A — Description of ROW.
Exhibit B — Depiction of ROW.
Exhibit C — Closing Statement and Receipt.
Exhibit D — Copy of email dated July 26, 2023, from Owner's Attorney Doug Widland to
Weld County Attorney Bruce Barker, Subject WCR 66 Schump CRE 408 Offer.
II. COMPENSATION; PROPERTY CONVEYANCE
A. Total compensation to Owner for this Settlement Agreement is Two Hundred Fifty -Six
Thousand & 00/100 Dollars ($256,000.00). On November 8, 2021, County paid to Owner
the deposit sum of $171,100, which Owner acknowledged in a Closing Statement and
Receipt, a copy of which is attached as Exhibit C. Therefore, at Closing, County shall pay
to Owner the sum of $84,900.
B. Upon payment of the deposit sum, County took possession of the ROW and had
constructed on Owner's property a new individual sewage disposal system ("ISDS"). In
conjunction with the construction of the new ISDS and removal of the old, County replaced
2023-2948
Page 2 of 5
Settlement Agreement Between Daryl D. Schump and Dalene N.
Schump and Weld County, Colorado
and/or reconstructed various other improvements on Owner's property, including, but not
limited to, a driveway.
C. The Parties acknowledge and agree that said total compensation amount represents full,
fair and valuable consideration for the land and interests being acquired and damages to
the remainder. Owner specifically acknowledges and agrees, without limitation, that the
total compensation includes full, fair and valuable consideration for all of the items listed
in an email dated July 26, 2023, from Owner's Attorney Doug Widland to Weld County
Attorney Bruce Barker, Subject WCR 66 Schump CRE 408 Offer, a copy of which is
attached hereto as Exhibit D.
III. PUBLIC ROAD RIGHT-OF-WAY
A. Owner agrees to grant the Public Road Right -of -Way to the County by Deed of Dedication.
B. Owner shall deliver the fully executed Deed of Dedication for the Public Road Right -of -
Way to the County at the date of closing which shall be no later than fifteen (15) days
following mutual execution of this Settlement Agreement ("Closing"). The dedication shall
not be valid until accepted and approved by the Board of County Commissioners and
signed by the Chair or other person delegated authority to sign on behalf of the Board.
C. Owner shall retain the mineral estate and any water rights currently attached to or
associated with the Property, if any exists.
D. All construction on the ROW and Owner's property is now complete.
IV. CLOSING
A. County shall not be liable for any monetary encumbrance associated with the Property prior
to the Closing. Owner shall pay any encumbrance associated with the Public Road Right -
of -Way which is required to be paid, including, but not limited to, a prorated amount of the
property taxes, and any past due property taxes, (and interest and penalties thereon), on or
before the Closing when Owner delivers the Deed of Dedication to the County. Owner is
solely responsible for the payment of any amounts owed to a third party holding a security
or other lien interest in the Public Road Right -of -Way.
B. At Closing, County shall pay for the cost of obtaining title insurance, if County elects to
obtain title insurance for the Property.
C. At Closing, County shall pay all fees and costs associated with Closing, including the
recording this Settlement Agreement and the Deed of Dedication.
Page 3 of 5
Settlement Agreement Between Daryl D. Schump and Dalene N.
Schump and Weld County, Colorado
V. MISCELLANEOUS:
A. Binding Nature of Settlement Agreement. This Settlement Agreement and the conveyance
of the Property made pursuant to the terms herein, shall be binding upon, all and inure to
the benefit of and be enforceable by the Parties and their heirs, executors, administrators,
successors, and assigns.
B. Validity of Settlement Agreement. This Settlement Agreement shall not be valid until it
has been approved by the Board of County Commissioners of Weld County, Colorado, or
its designee.
C. Governmental Immunity. No term or condition of this Settlement Agreement shall be
construed or interpreted as a waiver, express or implied, of any of the immunities, rights,
benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§
24-10-101, et seq., as applicable now or hereafter amended.
D. No Third -Party Beneficiary. It is expressly understood and agreed that the enforcement of
the terms and conditions of this Settlement Agreement, and all rights of action relating to
such enforcement, shall be strictly reserved to the undersigned Parties and their heirs,
executors, administrators, successors, and assigns, and nothing in this Settlement
Agreement shall give or allow any claim or right of action whatsoever by any other person
not included in this Settlement Agreement. It is the express intention of the undersigned
Parties that any entity other than the undersigned Parties receiving services or benefits
under this Settlement Agreement shall be an incidental beneficiary only.
E. Entire Agreement. This Settlement Agreement, including Exhibits A, B, C and D attached
hereto and incorporated herein, contains the entire Settlement Agreement between the
parties with respect to the subject matter contained in this Settlement Agreement. This
instrument supersedes all prior negotiations, representations, and understandings or
agreements with respect to the subject matter contained in this Settlement Agreement. No
oral representation, promise, or consideration different from the terms herein contained
shall be binding on either party, or its agents or employees. This Settlement Agreement
may be changed or supplemented only by a written instrument signed by both Parties.
F. Governing Law. Colorado law, and rules and regulations established pursuant thereto,
shall be applied in the interpretation, execution, and enforcement of this Settlement
Agreement. Any provision included or incorporated herein by reference which conflicts
with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute
between the parties, the parties agree that the Weld County District Court shall have
exclusive jurisdiction to resolve said dispute.
G. Severability. If any term or condition of this Settlement Agreement shall be held to be
invalid, illegal, or unenforceable by a court of competent jurisdiction, this Settlement
Agreement shall be construed and enforced without such provision, to the extent that this
Page 4 O5
Settlement Agreement Between Daryl D. Schump and Dalene N.
Schump and Weld County, Colorado
Settlement Agreement is then capable of execution within the original intent of the Parties.
H. Complete Release of All Claims, Actual and Potential. This Settlement Agreement is
intended by the Parties to constitute a complete release of all claims, actual and potential,
whether or not already asserted by Owner, in connection with the purchase of the Public
Road Right -of -Way and the work performed on Owner's property.
I. Full Release of Liability and Commitments from Owner. For and in consideration of the
payment of the total compensation amount (Paragraph II.A. of this Settlement Agreement)
to Owner, and contingent upon the fulfillment of specific promises by County set forth
herein, Owner releases and forever discharges County, it officers and employees, from any
and all past, present, or future claims; demands; obligations; actions; causes of action;
claims, damages; costs; expenses; liabilities; and compensation of any nature whatsoever
that Owner now has on account of, or in any way related to the purchase of the ROW, the
construction by County thereon, and any and all work performed by County or on its behalf
on Owner's property, including, without limitation, any and all claims under federal law,
the common law of any state, any federal or state statute, any local law, any federal or state
constitutional provision, and any claim for attorney fees under 42 U.S.C. Sec. 1988 or any
other state or federal statute or law prior to the date of signing of this Settlement Agreement
("Released Claims"). This release and discharge of the Released Claims will be a fully
binding and shall constitute a complete settlement in connection with the purchase of the
ROW, the construction by County thereon, and any and all work performed by County or
on its behalf on Owner's property.
J. Agreement Respecting Taxes. Owner agrees that, in the event any part of the total
compensation amount set forth in Paragraph II.A. of this Agreement is determined to be
taxable by any taxing authority, Owner is solely responsible for any tax liability arising
therefrom related to taxes, penalties, and fines owed by Owner. The Parties do understand
and intend that the total compensation amount set forth in this Settlement Agreement and
the other obligations of the County set forth herein resolve any and all claims of Owner
relating to the purchase of the ROW, the construction by County thereon, and any and all
work performed by County or on its behalf on Owner's property, within the meaning of
section 104(a)(2) of the Internal Revenue Code of 1986, as amended, which Owner asserted
arose out of the purchase of the ROW, the construction by County thereon, and any and all
work performed by County or on its behalf on Owner's property.
[Signatures on Following Page]
IN WITNESS WHEREOF, the parties have set their hands on the day and year
first above written.
0
ER: DARYL D. SCHUMP
Daryl D. S ump
SUBSCRIBED AND SWORN to before me this d)(,(1..
day of S'
0.0 . — — — —
WITNESS
y
and official seal.
My commission . xpires:
OWNER: DALENE N. SCHUMP
CHAD S WUTHRICH
NOTARY PUBLIC - STATE OF COLORADO
NOTARY ID 20024004921
MY COMMISSION EXPIRES MAR 10, 2024
Notary Public
Dalene N. Schump
SUBSCRIBED AND SWORN to before me this 3- day of 0
WITNES, my hand and official seal.
My commission expires:
ATTEST: sditaA)
COMMISSIONERS
Weld County Clerk to the Board
B
/U
CHAD S WUTHRICH
NOTARY PUBLIC - STATE OF COLORADO
NOTARY ID 2002400492$
MY COMMISSION EXPIRES MAR 10, 2026
Notary Public
BOARD OF COUNTY
WELD COUNTY, COLORADO
Deputy Clerk to the Board reeman, Chair
APPROVED AS fit) FORM:
unty Attorney
OCT 0 4 2023
o4t - aag '
EXHIBIT A
DESCRIPTION
A parcel of land, No. RW-3, Weld County Project No. GR 45 containing 5,436 sq. ft. (0.125 acres), more or less, being a
portion of land described in a deed, recorded on March 21ST, 2003, at Reception Number 3043674 in the office of the Weld
County Recorder, specifically in a portion of Lot B of described in Correction Plat of Recorded Exemption
0803-20-4-RE275, recorded November 18, 1981 at Reception Number 1874867, in said office of the Weld County
Recorder, being in the Southeast quarter of Section 20, Township 6 North, Range 65 West, of the 6th Principal Meridian, in
Weld County, Colorado, said parcel being more particularly described as follows:
COMMENCING at the corner common to Sections 20, 21,28 and 29, Township 06 North, Range 65 West, of the 6th
Principal Meridian, thence N 85° 36' 35" W, along the South line of said Southeast quarter of Section 20, a distance of
1,126.57 feet, thence N 04° 27' 25" E, perpendicular to said South line, a distance of 67.50 feet to a point on the East line
of said Lot B, said point being opposite and 53.33 feet Left of Engineer's Station 108+72.33 and the POINT OF
BEGINNING;
Thence S 01° 33' 18" E, along said East line, a distance of 47.75 feet to a point at its intersection with the North right of
way line for Weld County Road 66 as described in Right of Way Road Book 2, Page 77, recorded July 7, 1876 being 40
feet in width, 20 feet on both sides of said South Line, said point being opposite and 5.63 feet Left of Engineer's Station
108+74.64;
Thence N 85° 36' 35" W, along said North right of way line, a distance of 180.01 feet to a point at its intersection with said
North right of way line and the West line of said Lot B, said point being opposite and 14.32 feet Left of Engineer's Station
106+94.70;
Thence N 01° 33' 13" W, along said West line, a distance of 21.44 feet and to a point opposite 35.72 feet Left of Engineer's
Station 106+93.35;
Thence N 89° 20' 18" E, a distance of 145.02 feet to a point opposite and 41.72 feet Left of Engineer's Station 108+38.70;
Thence N 72° 11' 27" E, a distance of 35.46 feet to the POINT OF BEGINNING; whence the point of commencement bears
S 82°10'52" E, a distance of 1,128.59 feet.
The above described parcel contains 5,436 sq. ft. (0.125 acres), more or less.
BASIS OF BEARINGS: Bearings used in the calculation of coordinates are based on a grid bearing of N10°45'13"W from
CHARN point "CDOT MILE POST 270.44" (a survey disc on aluminum rod) Section 32, Township 6 North, Range 65 West,
Sixth P.M., and CHARN point "HORA" (a survey disc set in concrete) Section 31, Township 7 North, Range 65 West, Sixth
P.M., as obtained from Global Positioning System(GPS) survey based on the Colorado High Accuracy Network (CHARN)
The Basis of Bearings was provided by Weld County for use on this project. DEA field verified the provided control and
aliquot monumentation, and set local control based on said provided data. The Basis of bearings shown here came directly
from provided Weld County data.
Corey G. Guerrero P.L.S. 33654
For and on behalf of
Horrocks Engineers
5670 Greenwood Plaza, Suite 125W
Greenwood Village, CO 80111
RIGHT OF WAY
ACQUISITION
RW-3
DARYL & DARLENE SCHUMP
WELD COUNTY, COLORADO
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR66&41
INTERSECTION PROJECT
Project No:
GR 45
'Scale: 1,100'
Date: 08/17/2021 'Drawn by: CGG (Sheet 2 or 2
EXHIBIT B
CALL UTILRY NOTIFICATION
CENTER OF COLORADO
CALL 2$USINESS DAYS IN ADVANCE
BEFORE YOU DIG, GRADE. OR EXCAVATE
FOR iNE MARKING OF UNDERGROUND
MCMBE'R UiiLit7ES
WEST LINE OF LOT B
SW1 /4, SE1 /4
S.20,
T06N, R65W,
6th P.M.
OW-----.
fSTY 106+93 39
C�Fr 35.72'i.�
N01 °33'13"W
21.44'
1STA 106+94 70' ••
L
ROW ----ROB.,
05+00 Ro ` Row
_ 106+00
1249.5-- - ' '---F------
Row� Section Line
RO ^• RO ^
ROW ----
EXISTING 40'
RIGHT-OF-WAY
RD-BK 2, PG 77
JULY 7, 1876
SCRUMP
PARC.#080320000038
RECP.# 3043674
WD 3-21-2003
LOT -B RE -275
RECP.# 1874867
NW1/4, NE1/4
S.29,
T06N, R65W,
6th P.M.
0 100 200
FEET
572°11'27"E
35.46'
4172'L
589F°20'18"E
145.02'
SE1 /4, SE1 /4
S.20,
T06N, R65W,
6th P.M.
EAST LINE OF LOT B
STA. 108+73 33'
OFF: 53.33'L
.0 B, RW-3
S01 °33'18"E
47.75'
1R 00 110+00
N85�3635"yy �aw� Rc
12998
R0w-�.' YV'RQ ---
Row�_ C.R. 66
RC
ROW----- R
N85°36'35'W
180.01'
RW-3 =
5,436 S.F.±
S. LINE SE1/4,
SE1 /4 S.20,
T06N, R65W
— WELD COUNTY ROAD
66 Sc WELD COUNTY
ROAD 41 INTX. PLAN
CENTERLINE
NE1 /4, NE1 /4
S.29,
T06N, R65W,
6th P.M.
STA: 108+74 64
RIGHT OF WAY
ACQUISITION
RW-3
DARYL & DARLENE SCHUMP
WELD COUNTY, COLORADO
P.O.C.
NE. COR.
SEC.29
FOUND 2-1/2"
ALUMINUM CAP
(ILLIGIBLE)
082°10.52"E
1.128:59.
(1O 0.0.C•)
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR66&41
INTERSECTION PROJECT
Project No, GR 45
'Scale: 1"=100'
Date: 08/17/2021 'Drawn by: CGG 'Sheet 1 of 2
EXHIBIT C
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
CLOSING STATEMENT AND RECEIPT
❑ Acquisition
❑ Relocation
® Other (Agreement for Possession and Use)
Closing statement: (completed by Real Estate Specialist)
Warrant # Warrant Amoun $
I certify that on this date, I ® delivered or ❑ mailed certified, the above warrant to Daryl D. Schump which
is in full compliance with the terms of the Acquisition Agreement, Relocation Claim, or Other (Agreement for
Possession and Use) for the WC 66 & 41 Intersection Improvement project and parcel #3.
Signature --� % r Date
Courtney Walla
Title:
ROW Acquisition Technician
l
Receipt: (completed by property owner, tenant or representative)
I do hereby acknowledge receipt of the warrant issued to me in full compliance with the terms of the
Acquisition Agreement or Relocation Claim or Other (Agreement for Possession and Use).
..............
Name (Print)
Daryl D. Schump
Signature €LL
Date
EXHIBIT D
From: Pose Widlund
To: Bruce Barker
Subject: WCR 66 Schump CRE 408 Offer
Date: Wednesday, July 26, 2023 3:05:48 PM
Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless
you recognize the sender and know the content is safe.
Bruce, the following is a list of issues identified by Schump following project completion:
l) The Schumps' mailbox was damaged by contractors and needs to be replaced. Estimate
$350.
2) The retaining wall on the west side of the property was removed for the project and not
replaced. 22 feet, 2 feet tall, 2" x 6" timbers. Estimate $2,000.
3) New leach field in Schump pasture needs to be fenced per direction of County's septic
system contractor. Approximately 2,000 sf. Estimate $10,000.
4) Shumps lose use of 2,000 sf of remainder property now dedicated to leach field in middle of
their pasture. Estimate 2,000 sf at $2.50/sf = $5,000.
5) Reseeding disturbed areas on remainder. Estimate $2,500.
6) There is a large drainage hole / box in front of the Schump property that poses a risk of
vehicles running into. Approximately 8' x 8' and 5' to 6' deep. Schump believes this is in
County ROW. This needs to be marked or otherwise protected.
7) Septic tank removal area not leveled following tank extraction. Estimate $3,000.
8) Driveway cement poorly completed (straw in cement from erosion control). No estimate.
9) Contractor left rebar sticking up and Schump hit that with mower. Estimate $3,000 damage
to mower.
After discussing with the Schumps, they would settle for the total amount of $271,100,
conditioned on the County placing markers or a grate over the drainage hole identified in #6
above. Given the County's possession agreement payment of $171,100, the County would pay
the Schumps an additional $100,000 to settle the acquisition and remainder damages. This
sum would include proximity damages estimated at $180,000 as outlined in David Clayton's
appraisal.
Please let me know if this offer is acceptable to the County. Thank you.
Douglas Widlund
Widlund Law, LLC
(303) 839-1550
Hello