HomeMy WebLinkAbout20213003.tiffRESOLUTION
RE: APPROVE POSSESSION AND USE AGREEMENT FOR COUNTY ROADS 41 AND 66
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 Possession and Use Agreement for the
County Roads 41 and 66 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, 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 Possession and Use Agreement for the County Roads 41 and
66 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 25th day of October, A.D., 2021.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ditifeA) ..k',[io%vk,
Weld County Clerk to the Board
BY:
Deputy Clerk to the Boar
APPR
y Attorney
Date of signature: I I/02.../O-1
Moreno, Chair
Ste
Scott K. James, Pro-Tem
EXCUSED
Perry L. Buck
Lori Sai
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2021-3003
EG0079
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MEMORANDUM
TO: Esther Gesick, CTB DATE: October 19, 2021
FROM: Clay Kimmi, P.E., Public Works
SUBJECT: Possession and Use Agreement or Schump
Property for ROW and Easements on the CR 66 & CR 41
Intersection Project
Please place the attached possession and use agreement on the BOCC agenda. The agreement
provides the County with access and use of the Schump property while the County Attorney continues to
negotiate for the purchase of the property. The property is located near the west end of the property.
The agreement was reviewed by the BOCC in a pass around that was returned on October 19, 2021. All
five commissioners approved the recommendation to pay Mr. and Mrs. Schump $171,000 in exchange for
the possession and use agreement. The agreement also provides access so the septic system can be
replaced.
Public Works has included the acquisition of this property in its 2021 budget.
I will attend the BOCC meeting to answer any questions the BOCC may have.
Page 1of1
M:\Active Projects\WCR 66 and WCR 41 Intersection \Design\ROW \Schump \Possession and Use\Schump P&U Agrrement Memo to CT]
2021-3003
Eci 0019
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: CR 66 and CR 41 ROW Possession and Use Offer for the Schump Property
DEPARTMENT: Public Works DATE: October 14, 2021
PERSON REQUESTING: Clay Kimmi
Brief description of the problem/issue:
Public Works is in the process of ROW acquisition for the CR 66 and CR 41 project which is slated to begin construction
in November of 2022. During the design phase of the project, it was determined that the County would need to acquire
ROW, permanent easements, and temporary construction easements from the Schump property, which is located on CR
66 at the west end of the project. The estimated acquisition cost is estimated to be more than $5,000, so the County's
contracted ROW agent acquired an appraisal on the County's behalf and the landowner was given the option to obtain a
separate appraisal.
There have been two work sessions regarding this property. At the last work session, the Board directed staff to work
with Mr. Schump to obtain the entire parcel. Since Mr. Schump had retained an attorney to represent him, Bob Choate
from the County Attorney's Office started negotiations. Since Mr. Schump keeps changing his mind regarding the sale of
the property, Bob negotiated a Possession and Use agreement that give the County possession and use of the property
for $171,000. The agreement will allow the County to keep proceeding with the project utility relocations that need to
occur on the property as well as allowing us to relocate the septic system and leach field.
Our attorney's will keep negotiating with Mr. Schump and his attorney to obtain the property prior to the start of
construction which will be in November of 2022.
What options exist for the Board? (include consequences, impacts, costs, etc. of options):
1. The BOCC can opt to accept the possession and use agreement and continue to negotiate with the landowner for
the purchase of the property.
2. The BOCC can ask for another work session to discuss the agreement and status of the negotiations.
Recommendation:
Public Works recommends Option 1 which is to accept the possession and use agreement and to continue to negotiate
for the purchase of the property.
Perry L. Buck
Mike Freeman
Scott K. James, Pro -Tern
Steve Moreno, Chair
Lori Sane
Approve Schedule
Recommendation Work Session
Via ima t
Other/Comments:
Karla Ford
From:
Sent: S bj
yes
Lori Saine
Weld County Commissioner, District 3
1150 O Street
PO Box 758
Greeley CO 80632
Phone: 970-400-4205
Fax: 970-336-7233
Email: isaine ; efdgovaco
Website: www.co.weld.co.us
In God We Trust
Lori Saine
Tuesday, October 19, 2021 8:53 AM
Karla Ford
RE: Please Reply - Pass Around PW CR66 and CR41 ROW - Schump Property
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
Frm: Karla Ford <kford@weldgov.com>
Sent: Tuesday, October 19, 2021 7:28 AM
To: Lori Saine <lsaine@weldgov.com>
Subject: Please Reply - Pass Around PW CR66 and CR41 ROW - Schump Property
I;.. ; portance: High
Please advise if you approve recommendation.
Karla Ford g
Office Manager, Board of Weld County Commissioners
1150 0 Street, P.O, Box 758, Greeley, Colorado 80632
:: 970.336-7204 :: kford@weldgov.com :: www, etdaov.com
"Please note my working hours are Monday -Thursday 7:00a.m.-5;OQp. 0**
1
POSSESSION AND USE AGREEMENT
THIS AGREEMENT is made this ZVI day of October 2021, by and between
DARYL D. SCHUMP AND DALENE N. SCHUMP, whose address is 19755 County
Road 66, Greeley, Colorado 80631, hereinafter collectively referred to as "Owner," and
the 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."
WHEREAS, Owner owns a parcel of real property described as Corrected Lot B
of Recorded Exemption RE275, as depicted on that certain plat recorded in the records of
the Weld County Clerk and Recorder at reception #3043674 (hereinafter referred to as
"Property") also known as 19755 CR 66, and
WHEREAS, County finds it necessary to rebuild and improve the intersection of
Weld County Road 41 (hereinafter "WCR 41"), and Weld County Road 66 (hereinafter
"WCR 66"), which will involve the realignment and construction of said roads,
(hereinafter referred to as "Intersection Improvement Project"), and
WHEREAS, Owner and County are currently negotiating the purchase and sale of
the Property, or portions thereof, and
WHEREAS, Owner wishes to cooperate with County in completing the Project.
NOW, THEREFORE, the parties herein agree as follows:
EXHIBITS INCORPORATED. The following exhibits are attached and incorporated
into this Agreement.
• Exhibit A — Legal description and depiction of right-of-way (ROW) — (the
"Road ROW")
• Exhibit B — Form, legal description, and depiction of temporary construction
easement (TCE) for road construction — (the "Road Construction TCE")
• Exhibit C — Terms of TCE for on -site wastewater treatment system (OWTS)
relocation (the "OWTS TCE")
• Exhibit D — Weld County Appraisal Requirements: Eminent Domain
Appraisal Process and Report Outline
• APPRAISAL: CONVEYANCE OF POSSESSION
County agrees to pay Owner one hundred seventy-one thousand one hundred
dollars ($171,100.00). Such payment is made to Owner in consideration of
Owner's conveyance of possession of the property interests described in Exhibits
A, B, and C, and shall be subject to the requirements of section 11I.4 below. Such
payment shall be made to Owners within 15 days of the date of this Agreement.
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Carly Koppes, Clerk and Recorder, Weld County , CO AI02o.21 + �a63063 LS* CAI &Li, II II
are begun, this Possession and Use Agreement shall operate as a stipulation to
immediate and continued possession of the property interests described in
Exhibits A and B, pursuant to C.R.S. 38-1-105(6).
• Except for the cost of Owner's Appraisal as described in Section 11.2 above, all
compensation paid under this Agreement shall be deducted from any greater
settlement amount, award, or verdict. In the event the ultimate settlement amount,
award, or verdict is less than the compensation paid under this Agreement, the
Owner shall not be required to refund the difference to the County.
• The Parties agree that, in the event proceedings in eminent domain are begun, the
valuation day for determining the amount of just compensation shall be the date of
mutual execution of this Agreement.
• MISCELLANEOUS:
1. This 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.
2. This Agreement shall not be valid until it has been approved by the Board of
County Commissioners of Weld County, Colorado or its designee.
3. No term or condition of this contract 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.
4. It is expressly understood and agreed that the enforcement of the terms and
conditions of this Agreement, and all rights of action relating to such enforcement,
shall be strictly reserved to the undersigned parties and nothing in this Agreement
shall give or allow any claim or right of action whatsoever by any other person not
included in this Agreement. It is the express intention of the undersigned parties
that any entity other than the undersigned parties receiving services or benefits
under this Agreement shall be an incidental beneficiary only.
5. This Agreement including the Exhibits attached hereto and incorporated herein,
contains the entire agreement between the parties with respect to the subject
matter contained in this Agreement. This instrument supersedes all prior
negotiations, representations, and understandings or agreements with respect to
the subject matter contained in this 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 Agreement may be changed or
supplemented only by a written instrument signed by both parties.
6. Colorado law, and rules and regulations established pursuant thereto, shall be
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Carly Koppes, Clerk and Recorder, Weld County , CO
VIII I�r�ll�'�ihi'�I�V�h4�'hy L�l�h�� PAWN! ! lit I lut 11111
• County agrees to reimburse Owner, or pay an invoice directly, for the costs of an
appraisal ("Owner's Appraisal"), not to exceed ten thousand dollars ($10,000.00).
Such appraisal shall meet the Weld County Appraisal Requirements as
enumerated in Exhibit D. Such appraisal shall provide two alternative estimated
values: one value for a full acquisition of Owner's Property, and one value for the
partial acquisition of Owner's Property as described in Exhibits A and B. Such
payment shall be in addition to the compensation to be paid to Owner for purchase
and sale of the property interests described in section III below.
• Owner hereby agrees to grant possession to County of the Road ROW and Road
Construction TCE as described and depicted in Exhibits A and B, respectively.
County shall be entitled to take possession of these property interests immediately
upon execution of this Agreement.
• Owner hereby agrees to grant possession to County of the OWTS TCE as
described in Exhibit C. County shall be entitled utilize the OWTS TCE pursuant
to the terms of Exhibit C, and for the sole purpose of constructing a new On -Site
Wastewater Treatment System on the north side of the house. The parties
recognize that, regardless of whether the County eventually purchases the entire
Property or only the portions thereof described in Exhibits A and B, the Project
will require the relocation of the OWTS to the north side of the property. County
will coordinate with Owner to construct the OWTS in a new location to avoid
interruption to the services provided by the existing OWTS.
• EMINENT DOMAIN PROCEEDINGS
• At the time of execution of this Agreement, the parties recognize that they have
not yet agreed whether to a purchase and sale of the entirety of the Property, or a
partial acquisition of ROW and TCE as described in Exhibits A and B. This
agreement is made with the understanding the Parties will continue to negotiate in
good faith to agree upon the final purchase price of the Property, or the portions
thereof as described in Exhibits A and B.
• In the event a settlement is not reached within one -hundred twenty (120) days of
the signing of this agreement, or thirty (30) days of County's receipt of Owner's
Appraisal as described in section II.1 above (whichever is earlier), such failure
will be a confession that the negotiations have failed. Thereafter the County may
begin proceedings in eminent domain to acquire title to the property described in
Exhibits A and B. The County shall not unreasonably delay the commencement
of proceedings under the eminent domain law once the time provided for in this
paragraph has expired. The Parties agree that in the event that eminent domain
proceedings are filed, valuation shall be the only triable issue.
• If the County begins proceedings in eminent domain, this Agreement shall
continue in effect until either a settlement is reached or a Rule and Order is
entered by the court, as provided for in C.R.S. 38-1-105(3). If such proceedings
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Carly Koppes, Clerk and Recorder, Weld County , CO
VIII NIPIIu is JhalRhio'F4ultho trr4911 ki;4 W�h 1I II
applied in the interpretation, execution, and enforcement of this 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, Contractor agrees that the Weld County District Court shall
have exclusive jurisdiction to resolve said dispute.
• If any term or condition of this Agreement shall be held to be invalid, illegal, or
unenforceable by a court of competent jurisdiction, this Agreement shall be
construed and enforced without such provision, to the extent that this Agreement
is then capable of execution within the original intent of the parties.
County and Owner acknowledge that each has read this Agreement, understands it
and agrees to be bound by its terms. Each has had an opportunity to seek legal
counsel in relation to the obligations required by this Agreement.
IN WITNESS WHEREOF, the parties have set their hands on the day and year
first above written.
OWNER: DARYL D. SCHUMP
By:
OWNER: DALENE N. SCHUMP
By:
ATTEST: „occifei)
COMMISSIONERS
Weld of ty Clerk to the
BY.
Deputy C
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Carly Koppes, Clerk and Recorder, Weld County , CO
VIII I illeflOII r: EIVF)ter' 1�1+Lf!AINiI II
Date of Signature:
Date of Signa
BOARD OF COUNTY
WELD COUNTY, COLORADO
eve Moreno, Chair 0CT 2 5 2021
o2,OV -30453
EXHIBIT A
Legal Description and Depiction of Public Road Right -of -Way (ROW)
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Carly Koppes, Clerk and Recorder, Weld County , CO
111 I FJ1.71VIPM 40411laillight IC M'i" 111 III
EXHIBIT
CALL UTILITY NOTIF.CATION
CENTER OF COLORADO
t
..i..rs.>11iala
CMS spa
CAL_ 2-&.SINESS JAYS .V ADVANCE
BE:ORE YOU DIG, GRADE OR EXCAVATE
FOR. T --E MARKING OF JNDERGROUND
MEMRFR OTh. •TIES
WEST LINE OF LOT B
SW1 /4, SE1 /4
S.20,
T06N, R65W,
6th P.M.
O Roy
C
ROW
05+00
STA: 106+93 35'
35.72'L.
NO -1'33'13"W
21.44'
STA: 106+94 70'
r\
OFF 14.32'L
1299.55'
Row-, ROW_
106+00
EXISTING 40'
RIGHT-OF-WAY
RD-BK 2, PG 77
JULY 7, 1876
N W1 /4, NE1/4
1 /4
S.29,
T06N, R65W,
6th P.M.
100
Section Line
ROW-- -� R O W
200
FEET
SCHUMP
PARC. #080320000038
RECP.# 3043674
WD 3-21-2003
LOT -B RE -275
RECP.# 1874867
N
N72°11'27"E
35.46'
STA: 108+38 70'
.\
OFF: 41 72'L
N89°20'18"E
145.02'
ROw
ft
9
RO
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 & WELD COUNTY
ROAD 41 INTX. PLAN
CENTERLINE
NE1/4, NE1/4
S.29,
T06N, R65W,
6th P.M.
SE 1 /4, SE 1 /4
S.20,
T06N, R65W,
6th P.M.
EAST LINE OF LOT B
S01°33'18"E
47.75'
00 110+00
N85°36'35"W
1299.55'
ROw W'a 66
N`
STA: 108;74671
OFF 5.63'L.
ROW
P.O.C.
NE. COR.
SEC.29
FOUND 2-1/2"
ALUMINUM CAP
(ILLIGIBLE)
S82" 1052..E
1.128.590
(to P,O.C.)
RIGHT OF WAY
ACQUISITION
DARYL & DARLENE SCHUMP
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Carly Koppes, Clerk and Recorder, Weld County , CO
III )jPI1r'JN'P#iCII1I PftRl.'$fr' idling
couNTY
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR66&41
INTERSECTION PROJECT
Project No: GR 45
Date: 08/17/2021
Drawn by: CGG
Scale: 1"=100'
Sheet 1 of 2
iui
EXHIBIT
CALL UTILITY NOTIFICATION
CENTER OF COLORADO
POW
0
se, se, S
Cal us as
CALL 2 -BUSINESS DAYS IN ADVANCE
BEFORE YOU DIG, GRADE, OR EXCAVATE
FOR THE MARKING OF UNDERGROUND
MEMBER UTILITIES
WEST LINE OF LOT B
SWl /4, SE1 /4
S.20,
TO6N, R65W,
6th P.M.
Rover__
105+00
ROW
LTA: 106+93 35'k
OFF' 35 72'L
N01 °33'13"W
21.44'
STA: 106+94.70'
OFF: 14.32'L
ROW------ ROti.�_ RO'.
106+00
1299.55' Section Line
ROW---- ROW-�_
ROW---__-
EXISTING 40'
RIGHT-OF-WAY
RD-BK 2, PG 77
JULY 7, 1876
N W1 /4, N E1 /4
S.29,
TO6N, R65W,
6th P.M.
100
ROW
200
FEET
SCHUMP
PARC.#080320000038
RECP.# 3043674
WD 3-21-2003
LOT -B RE -275
RECP,# 1874867
T
N72°11'27"E
35.46'
ISTA. 108+38 70'
OFF 41.72'L
N89°20'18"E
145.02'
ROW
Ray
ROW
SE 1 /4, SE 1 /4
S.20,
TO6N, R65W,
6th P.M.
EAST LINE OF LOT B
STA: 108+72 33'
OFF 53.33'L
P O.B R1N-3
S01°33'18"E
47.75'
1 Q 0O 110+00
Rnv-ftt3Yj
N85°36'35"w
, 1299.55'
RoW--4\----. ROW----�
N85°36'35"W
180.01'
RW-3 =
5,436 S.F.±
S. LINE SE1/4,
SE1 /4 S.20,
TO6N, R65W
-- WELD COUNTY ROAD
66 & WELD COUNTY
ROAD 41 INTX. PLAN
CENTERLINE
RIGHT OF WAY
ACQUISITION
RW-3
NE1 /4, NE1 /4
S.29,
TO6N, R65W,
6th P.M.
DARYL & DARLENE SCHUMP
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Carly Koppes, Clerk and Recorder, Weld County , CO
I IPS:14:)MUKI:Rilli 1111
y HOti'+�
W.C.R. 66
Rc7V'�ROWS_ R
STA: 108+74 64'
OFF: 5.63'L
P.O.C.
NE. COR.
SEC.29
FOUND 2-1/2"
ALUMINUM CAP
(ILLIGIBLE)
S82070'52 "E
1,128.59.
(toP.o.c)
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR66&41
INTERSECTION PROJECT
Project No: GR 45
Date: 08/1712021
Drawn by: CGG
Scale: 1"=100'
Sheet 1 of 2
EXHIBIT
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° 23' 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
N orth 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
• i a
V are .♦
;86 r
N
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WC R 66 & 41
INTERSECTION PROJECT
Project No: GR 45
Scale: i"=100'
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Carly Koppes, Clerk and Recorder, Weld County , CO
�IIIl�.rl�.
ate: 08/17/2021
Drawn by: CGG
Sheet 2 of 2
EXHIBIT B
Form, Legal Description, and Depiction of Temporary Construction Easement (TCE) for Road
Construction
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Carly Koppes, Clerk and Recorder, Weld County , CO
1111 ���:Yb�r�h�� h��'Il�i�� iLIV UN, 111111
GRANT OF TEMPORARY CONSTRUCTION EASEMENT FOR ROAD
CONSTRUCTION
This Temporary Construction Easement (TCE), is made between Daryl D. Schump and Dalene N.
Schump, whose address is 19755 County Road 66, Greeley, Colorado 80631 (collectively,
"Owner"), and the County of Weld, a body corporate and politic of the State of Colorado, through
its Board of County Commissioners (County):
WITNESSETH: That Owner, for and in consideration made by County, the receipt and sufficiency
of which is hereby acknowledged, does hereby dedicate and convey unto Owner a Temporary
Construction Easement, covering that real property lying and being in the County of Weld, State
of Colorado, to wit: the real property described and depicted on the attached Exhibit.
Subject to the following conditions:
1. The TCE is conveyed from Owner to County immediately and shall expire and be
of no further force or effect on December 31, 2023, or upon the County's determination
that the Project is complete, whichever is earlier.
2. The right to use the TCE shall belong to the County and its agents, employees,
designees, contractors, guests, invitees, successors and assigns, and all those acting by or
on behalf of the County for the purpose of surveying, appraising, establishing, laying,
constructing, reconstructing, installing, realigning, modifying, replacing, improving,
adding, altering, substituting, operating, maintaining, accessing, inspecting, patrolling,
protecting, or repairing the roadway improvements.
3. County shall have the right of ingress, egress, entry and access in, to, through, on,
over, under, and across the TCE from any adjacent property to which County has legal
access, for any and all purposes necessary and/or incident to the exercise by the County of
the rights granted to it hereunder. At the expiration of the term of this TCE, County shall
promptly repair any damage to Owner's property caused by County, its agents, employees,
contractors, guests, invitees, and all those acting by or on behalf of County so as to maintain
the Owner's property in substantially as good or better condition as existed prior to use by
County.
4. County agrees that any current access to the property from the Right -of -Way shall
remain open throughout the term of the TCE.
5. County and Owner recognize that the Owner's existing On -Site Wastewater
Treatment System (OWTS), also known as a septic system, is located within the TCE area.
Therefore, County agrees that its use of the TCE shall not interfere with Owner's use of
the OWTS until such OWTS has been relocated to the north side of the house, as
contemplated by Exhibit C to the Possession and Use Agreement.
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Carly Koppes, Clerk and Recorder, Weld County , CO
11111 ! ' !':1 iI 1I 111
EXHIBIT
IPM
CALL UTILITY NOTIFICATION
CENTER OF COLORADO
CALL 2 -BUSINESS DAYS IN ADVANCE
BEFORE YOU DIG GRADE OR EXCAVATE
FOR THE MARKING OF UNDERGRO..IND
MEMBER UTILITIES
WEST LINE OF LOT B
SW1/4, SE1 /4
S.20,
T06N, R65W
ROW--� ROW
4+00
-f
`-- ROW
0
ROW
Row
05+00
ROW
STA: 106+91 56'
OFF 4 11'L
N01 °33'13"W
28.44'
ROW
1299.55'
ROW
106+00
ROVE --
EXISTING 40'
RIGHT-OF-WAY
RD-BK 2, PG 77
JULY 7, 1876
N W1 /4, NE1/4
S.29,
T06N, R65W
.•
1'
ROW --
Section Line
100 200
FEET
Row
SCHUMP
PARC. #080320000038
RECP.# 3043674
WD 3-21-2003
LOT -B RE -275
RECP.# 1874867
TOE- 3 =
4,681 S.F.±
N60'16'56"E
76.17'
STA. 108+04 42'
OFF 60 47'L
S46° 14'12"E
12.06'
STA 107+00 60'
1 OFF 56 08'l
107+00
RiD,A
DARYL & DARLENE SCHUMP
4777042 Pages: 11 of 19
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Carly Koppes, Clerk and Recorder, Weld County CO
N89°20' 18"E
103.43'
ROW-
_ S89°20'18"W
145.02'
STA 108+38 70'
OFF 41.72'L
SE1 /4, SE1 /4
S.20,
T06N, R65W
EAST LINE OF LOT B
STA: 108+70 05'
OFF: 99 81'L
S01 `33'18"E
46.54'
STA: 108+72 33''
OFF 53.33'L
S72°11'27"W
35.46'
109+00
N85°36'35"W
Rove OW
1299.55'
ROW ----
-WELD COUNTY ROAD
66 & WELD COUNTY
ROAD 41 IN TX. PLAN
CENTERLINE
couNTY
W.C.R. 66
S. LINE SE1 /4,
SE1 /4 S.20,
T06N, R65W
NE1/4, NE1/4
S.29,
T06N, R65W
Maas
P.O.C.
NE. COR.
SEC.29
FOUND 2-1 /2"
ALUMINUM CAP
(ILLIGIBLE)
S83 '47140"E
1,304.51'
(to P.O.C.)
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR66&41
INTERSECTION PROJECT
'roject No: GR 45
Scale: 1"=-100'
ate 08/17/2021
Drawn by: CGG
Sheet 1 of
III hU�1Rlp h1�i'F{i�lYi��ICC4 FY�4Y�'� ��+I�RU�kNLY4� 11111
CALL UTILITY NOTIFICATION
CENTER OF COLORADO
CALL 2 -BUSINESS DAYS IN ADVANCE
BEFORE YOU DIG, GRADE, OR EXCAVATE
FOR THE MARKING OF UNDERGROUND
MEMBER utu.ir,Es
WEST LINE OF LOT B
S W1 /4, SE 1 /4
S.20,
T06N, R65W
ROW---- ROW Rn+N
N W1 /4, NE1/4
S.29,
T06N, R65W
200
FEET
TEMPORARY CONSTRUCTION
EASEMENT
DARYL & DARLENE SCHUMP
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Carly Koppes, Clerk and Recorder, Weld County , CO
EXHIBIT
PARC. #080320000038
RECP.# 3043674
WD 3-21-2003
LOT -B RE -275
RECP.# 1874867
N89320'18"E
103.43'
S89°20'18"W
145.02'
WELD COUNTY ROAD
66 & WELD COUNTY
ROAD 41 IN TX. PLAN
CENTERLINE
- J
III rjiAr III
SE1 /4, SE1 /4
S.20,
T06N, R65W
EAST LINE OF LOT B
S01 °33'18"E
46.54'
STA: 108+72.33'
OFF 53.33'L
S72°11`27"W
35.46'
NE1/4, NE1/4
S.29,
TO6N, R65W
P.O.C.
NE. COR.
SEC.29
FOUND 2-1/2"
ALUMINUM CAP
(ILLIGIBLE)
S83'4 7'40"E
1.304.51'
(to P.O.C,)
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 66 & 41
INTERSECTION PROJECT
Project No: GR 45
Date: 08/17/2021
Drawn by: CGG
Sheet 1 of 2
EXHIBIT
Description
A temporary construction easement, No. TCE-3, Weld County Project No. GR 45 containing 4;681 sq. ft. (0.107 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 temporary construction easement 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, a distance of 1,303.85 feet,
thence N 04° 23' 25" E, perpendicular to said South line a distance of 41.33 feet to a point on the West line of said Lot B,
said point being opposite and 35.72 feet Left of Engineer's Station 106+93.35 said point being the POINT OF
BEGINNING;
Thence N 01° 33' 13" W, along said West line of Lot B, a distance of 28.44 feet to a point opposite and 64.11 feet Left
of Engineer's Station 106+91.56;
Thence S 46° 14 12" E, a distance of 12.06 feet to a point opposite and 56.08 feet Left of Engineer's Station
107+00.60;
Thence N 89° 20' 18" E, a distance of 103.43 feet to a point opposite and 60.47 feet Left of Engineer's Station
108+04.42;
Thence N 60° 16' 56" E, a distance of 76.17 feet to a point opposite and 99.81 feet Left of Engineer's Station 108+70.05
on said East line of Lot B;
Thence S 01° 33' 18" E, along said East line of Lot B, a distance of 46.54 feet to a point opposite and 53.33 feet Left of
Engineer's Station 108+72.33;
Thence S 72° 11' 27" W, departing said East line, a distance of 35.46 feet to a point opposite and 41.72 feet Left of
Engineer's Station 108+38.70;
Thence S 89° 20' 18" W, a distance of 145.02 feet to the POINT OF BEGINNING; whence the point of commencement
bears S 83° 47' 40" E, 1,304.51 feet.
The above described temporary construction easement contains 4,681 sq. ft. (0.107 acres), more or less_
BASIS OF BEARINGS: Bearings used in the calculation of coordinates are based on a grid bearing of N 10°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 Greenwooc Plaza, Suite 125W
Greenwood Village, CO 80111
TEMPORARY CONSTRUCTION
EASEMENT
TCE-3
DARYL & DARLENE SCHUMP
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Carly Koppes, Clerk and Recorder, Weld County , CO
III )jP1$ \'?IW Pi?t vI1 111111
t
NT Y
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR66&41
INTERSECTION PROJECT
Project No: GR 45
Date: 08/17/2021
Drawn by: CGG
Scale: 1"=100'
Sheet 2 of 2
EXHIBIT C
Terms of Temporary Construction Easement (TCE) for On -Site Wastewater Treatment System
(OWTS) Relocation
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Carly Koppes, Clerk and Recorder, Weld County , CO
VIII r1inlia�ih+ill iFigi1l44riliMilS MAW h IIIII
GRANT OF TEMPORARY CONSTRUCTION EASEMENT FOR RELOCATION OF
ON -SITE WASTEWATER TREATMENT SYSTEM (OWTS)
This Temporary Construction Easement (TCE), is made between Daryl D. Schump and Dalene N.
Schump, whose address is 19755 County Road 66, Greeley, Colorado 80631 (collectively,
"Owner"), and the County of Weld, a body corporate and politic of the State of Colorado, through
its Board of County Commissioners (County):
WITNESSETH: That Owner, for and in consideration made by County, the receipt and sufficiency
of which is hereby acknowledged, does hereby dedicate and convey unto Owner a Temporary
Construction Easement, covering all of that property described as Corrected Lot B of Recorded
Exemption RE275, as depicted on that certain plat recorded in the records of the Weld County
Clerk and Recorder at reception #3043674.
Subject to the following conditions:
1. The purpose of this TCE is to allow County to construct an On -Site Wastewater
Treatment System (OWTS), also known as a septic system, on the north side of
Owner's house. County and Owner recognize that the County's Intersection
Improvement Project will require the existing OWTS to be removed and relocated.
2. Prior to removal of the existing OWTS on the south side of the house, County agrees
to construct a new OWTS on the north side of the house, generally in the area of the
lawn adjacent to the house. County shall cause the OWTS construction to be
substantially completed and operational within one -hundred eighty (180) days, by a
contractor selected in accordance with County's competitive bidding requirements. In
no event shall the existing OWTS be rendered non -operational prior to the completion
and connection of the new OWTS.
3. County shall have the right to use the TCE area for all purposes that are reasonably
necessary and incidental to accomplishing the purpose of this TCE, including but not
limited to: surveying, appraising, establishing, laying, constructing, reconstructing,
installing, realigning, modifying, replacing, improving, adding, altering, substituting,
operating, maintaining, accessing, inspecting, patrolling, protecting, or repairing the
OWTS improvements, including the storage of materials related to said OWTS
improvements.
4. The right to use the TCE shall belong to the County and its agents, employees,
designees, contractors, guests, invitees, successors and assigns, and all those acting by
or on behalf of the County for any purpose authorized herein.
5. County shall have the right of ingress, egress, entry and access in, to, through, on, over,
under, and across the TCE from any adjacent property to which County has legal
access, for any and all purposes necessary and/or incidental to the exercise by the
County of the rights granted to it hereunder. At the completion of the construction of
the OWTS, County shall promptly repair any damage to Owner's property caused by
4777042 Pages: 15 of 19
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Carly Koppes, Clerk and Recorder, Weld County , CO
VIII KC: "Ill
County, its agents, employees, contractors, guests, invitees, and all those acting by or
on behalf of County so as to maintain the Owner's property in substantially as good or
better condition as existed prior to use by County.
6. County agrees that any current access to the property from the Right -of -Way shall
remain open throughout the term of the TCE.
7. County shall be responsible for all costs relating to the construction of the new OWTS
and such costs incurred by the County shall not be deducted from compensation
ultimately paid by County to Owners for the acquisition of the property necessary for
County's Intersection Improvement Project. County shall also be responsible for
obtaining all necessary permits and approvals for the new OWTS.
4777042 Pages: 16 of 19
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Carly Koppes, Clerk and Recorder, Weld County , CO
II
EXHIBIT D
Weld County Appraisal Requirements
4777042 Pages: 17 of 19
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Carly Koppes, Clerk and Recorder, Weld County , CO
IIII KUM hilelliMIN Ill''ANAhRhYl kalYi ii Bill
WELD COUNTY
Appraisal Requirements: Eminent Domain Appraisal Process and Report Outline
1. Appraisal report must be prepared consistent with: the Uniform Standards of Professional Appraisal
Practice (USPAP) and state law.
2. List the WELD COUNTY project number, and the numbered parcels that are the subject of the appraisal.
3. Compensation Summary: state the total compensation estimate and the effective date of value, and include
a signed and dated certification of value and a statement of assumptions and limiting conditions. For partial
acquisitions, show the separate allocation of total compensation for: parts acquired (fee simple and
easement), (*) compensable damages, (-) specific benefits (see #19 below), (+) temporary easement value.
4. Describe the purpose of the appraisal and the property rights or interests appraised. Describe scope of work
to develop the appraisal.
5. Appraisal shall use the jurisdictional definition of "reasonable market value" described in Colorado Jury
Instructions Civil 4m, 36:3. "...'Reasonable market value' means the fair, actual, cash market value of the
property. It is the price the property could have been sold for on the open market under the usual end
ordinary circumstances, that is, under those circumstances where the owner was willing to sell and the
purchaser was willing to buy, but neither was under an obligation to do so." Also, in the Before Valuation
only: "In determining the market value of the property actually taken, you are not to take into account any
increase or decrease in value caused by the proposed public improvement." (Project Influence rule)
6. Identify the subject property (define larger parcel or affected area parcel; relates to highest and best use).
T. Define and describe the surrounding neighborhood and discuss external market influences. A regional
overview might also be appropriate.
8. Describe and photograph the subject whole property (land and any affected building/site improvements)
and address pertinent characteristics (land/building size, shape, topography, utilities, access, entitlements,
zoning, condition, functional utility and similar). Include minimum 5 -year subject sales history and analyze as
appropriate.
9. Environmental: address any potential or evident contamination or other negative environmental conditions
in, on or near the subject property as appropriate. Weld County might have additional information.
10. Discuss highest and best use (as vacant, and as improved where appropriate). Appraisal conclusions must
be consistent with highest and best use.
11. Describe, photograph and discuss comparable land/building sales and rentals. All sale deeds must be
reviewed by and the sales must be confirmed by the principal appraiser with the buyer and/or seller (statutory
CRS 38-1-118). Confirm rental data also. Include sale and rental location maps and addresses or other
location information, property sale legal descriptions and assessor parcel identification numbers. Apply
appropriate market supported dollar or percentage adjustments and/or appropriate supported qualitative
adjustments. All relevant physical, legal and economic factors, including cash equivalency, must be
considered.
12. Describe and support final value correlation from sales and other data analyzed.
13. Project Influence - Subject Value Before Acquisition: Ignore any positive or negative impact on value
caused by the project (other than physical deterioration within the owner's reasonable control) See also #5
above.
14. Describe and photograph fee simple and easement acquisition areas, including land, buildings and any
affected improvements, including signs and sign sites.
Revised February 2014
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Carly Koppes, Clerk and Recorder, Weld County , Co
11
Page 1 of 2
5. Value the parts taken (fee simple, easement) as part of the larger parcel or affected area parcel.
Compensation for improvements is at their contributory value (vs. replacement). Separately show
contributory value estimate for on -premise signs, billboards and sign sites (typically billboard sites). Include
cost estimate to remove/relocate these signs on site, if legal under Weld County or other local regulations.
Contact Weld County for more information.
16. Tenant -owned realty: separately show the estimated contributory value of tenant -owned realty as part of the
property appraised. If required, Weld County will provide a completed Certified Inventory of Real and
Personal Property form to be included in the appraisal.
17. Show the remainder value (math) before the taking (= Larger Parcel value [-minus) value of parts taken)
18. Describe the remainder property (land/improvements) and conclude its highest and best use. Distinct
photographs of the remainder property (as compared to the Larger Parcel) might be appropriate if the
Before/After differences are significant.
19. Estimate remainder value after the acquisition as if project built. The After Valuation may require
essentially a complete second appraisal, depending on the nature of the acquisition. However, often less
analysis is required to conclude the remainder property value. Here the appraiser will consider any influence
on value to the subject remainder caused by the project (project influenced considered), except any damages
found must be due only to the taking (severance) or to those project improvements made only on the subject
land taken. Damages and/or specific benefits must be supported and only compensable damages may be
included (not all damages are compensable under law). Specific benefits are to offset up to 100 percent of
compensable damages to the remainder, and up to 50 percent of the reasonable market value of the parts
taken. See also Colorado Jury Instructions Civil 4"', 36:4 and 36:5 and CRS 38-1-114.
20. Temporary easement valuation: this is a land rental concept for temporary land use. This should follow at
the end of the value/compensation estimate process because a temporary easement is not a taking nor does
it permanently affect any part of the property.
21. Include in the report appropriate maps, charts, plans, photographs and exhibits (Weld County ROW plans,
flood and zoning maps, property plat or development plans, regulations, appraiser qualifications and similar).
Revised February 2014 Page 2 of 2
4777042 Pages: 19 of 19
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Carly Koppes, Clerk and Recorder, Weld County , Co
IIII FA! NbrfiluliA9 i 11111
Contract Form
New Contract Request
Entity Information
Entity Name*
SCHUMP, DALENE
Entity ID*
x.-00044658
❑ New Entity?
Contract Name* Contract ID
POSSESSION AND USE AGREEMENT FOR SCHUMP PROPERTY 5323
Contract Status
CTB REVIEW
Contract Lead*
CKIMMI
Contract Lead Email
CKimmi,:?co,weld.co.us
Parent Contract ID
Requires Board Approval
YES
Department Project #
GR-45
Contract Description*
POSSESSION AND USE AGREEMENT FOR THE SCHUMP PROPERTY ON THE CR 66 AND CR 41 PROJECT
Contract Description 2
Contract Type*
AGREEMENT
Amount*
Si 71,000.00
Renewable*
NO
Automatic Renewal
NO
Grant
NO
IGA
NO
Department
PUBLIC WORKS
Department Email
CM-
PublicWorkscaweidgov.com
Department Head Email
CM-PublicWorks-
DeptHead,veldgov.com
County Attorney
BOB CHOATE
County Attorney Email
BCHOATE?'CO.WELD.CO.US
Requested BOCC Agenda
Date*
10 25,`2021
Due Date
10121 ;'2021
Will a work session with BOCC be required?*
HAD
Does Contract require Purchasing Dept. to be included?
NO
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in
OnBase
Contract Dates
Effective Date Review Date* Renewal Date
10/14,2021
Termination Notice Period
Committed Delivery Date
Expiration Date*
12 31 2023
Contact Information
Contact Info
Contact Name
Purchasing
Purchasing Approver
Approval Process
Department Head
JAY MCDONALD
DH Approved Date
10;20/2021
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
10,2512021
Originator
CKIMMI
Contact Type Contact Email
Finance Approver
CHRIS D'OVIDIO
Contact Phone i Contact Phone 2
Purchasing Approved Date
Finance Approved Date
10,`20/ 2021
Tyler Ref If
AG 102521
Legal Counsel
BOB CHOATE
Legal Counsel Approved Date
10=20x2021
Hello