HomeMy WebLinkAbout20170543.tiffRESOLUTION
RE: APPROVE POSSESSION AND USE AGREEMENT AND AUTHORIZE CHAIR TO SIGN
- PAMELA AND EVELYN ARD
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
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 Pamela and
Evelyn Ard, February 13, 2017, 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 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 Pamela and Evelyn Ard 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 22nd day of February, A.D., 2017, nunc pro tunc February 13, 2017.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ddrAvit) jeje4•il
Weld County Clerk to the Board
BY.
puty Clerk to the Board
APPRO AS
ounty A " orney
Date of signature: OaG@l(d
cc PwCGK/rc)
Steve Moreno, P
can P. Conway
Barbara Kirkmeyer
2017-0543
EG0074
/D /o7
MEMORANDUM
TO: Esther Gesick, CTB DATE: February 13, 2017
FROM: Clay Kimmi, P.E., Public Works
SUBJECT: Possession and Use Agreement for Pamela and
Evelyn Ard
Please place the attached possession and use agreement on the BOCC Agenda. Once the agreement
has been signed, please return two signed original backs to me so I can provide them to IHC and the
landowner.
This possession and use agreement is for additional Right of Way that IHC needs to accommodate their
design of the CR 49 and CR 50 intersection. IHC will acquire 0.32 acres from the landowner. The
agreement allows IHC and their subcontractors to start construction activities on the property.
Weld County is not paying for the possession and use agreement or the Right of Way. IHC included the
cost of additional right of way acquisitions in their price for the overall CR 49 project. IHC offered the
landowner $5,000 for the possession and use agreement. The landowner will also be paid for the ROW
once the negotiations are complete.
I will plan on attending the BOCC hearing to answer any questions that the Board may have regarding
this agreement.
Page I of I
M:\ —Active Projects\Strategic Corridor\WCR 49 Corridor \ ROW \IHC Acquired ROW\ARD\Ard P&L Agreement Memo to CTB 2-13-I 7docx
2017-0543
EGO071
POSSESSION AND USE AGREEMENT
THIS AGREEMENT is made this 13th day of February by and between Evelyn Ard and Pamela
K. Ard, whose address is 24098 County Road 50, La Salle Colorado 80645, hereinafter referred to as
"Owner" and the County of Weld, a body corporate and politic of the State of Colorado, by and through
its Board of County Commissioners, hereinafter referred to as "County".
WI4EREAS, Owner owns real property described in the attached Exhibit A (hereinafter referred
to as the "Property"), made a party hereof by reference; and
WHEREAS, County finds it necessary to construct safety improvements, which involve
widening Weld County Road 50, which will involve said road's realignment and construction,
(hereinafter referred to as "Road Improvement Project"); and
WHEREAS, County requires said Property in order to complete said Road Improvement Project,
and is in need of possession of said Property by February 13, 2017 and the Parties have not yet agreed
upon the form of the conveyance or the compensation to be provided to the Owner; and
WHEREAS, Owner and County are currently negotiating for the purchase and sale of said
Property; and
WHEREAS, Owner wishes to cooperate with County in said Road Widening Improvement
Project.
NOW, THEREFORE, the Parties agree as follows:
1. In consideration of this irrevocable grant of possession, mutual promises and covenants
contained herein, IHC on behalf of Weld County will tender the Owner the sum of Five
Thousand and 00/100 dollars ($5,000.00). The County shall be entitled to take
possession of the Property described in Exhibit A beginning February 13, 2017 for the
purposes described in this Agreement.
2. Owner agrees to grant the Property to County, in a form to be determined prior to closing.
3. This agreement is made with the understanding IHC on behalf of Weld County will
continue to negotiate in good faith with the Owner to acquire the interest in the property.
It is further understood in the event a settlement is not reached within 90 days of the
signing of this agreement, such failure will be a confession that the negotiations to
acquire the Property described herein have proved futile. At this point, the County may
begin proceedings in eminent domain to acquire title to the Property herein described.
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. If the
County begins proceedings in eminent domain, it is understood and agreed 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. 38-1-1 05(3). If such proceedings
4280903 Pages: 1 of 5
02/24/2017 10:31 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
viii lent= lo4i :4ht i*:'r 'LIoF I!RlthiMiW411111
,zo/7.. O-5(1)
are begun, this Possession and Use Agreement shall operate as a stipulation to immediate
and continued possession of the Property pursuant to C.R.S. 38-1-105(6).
4. It is agreed by the undersigned, in the event proceedings in eminent domain are begun,
the valuation day for determining the amount of just compensation shall be the date on
which payment was tendered to the owner, pursuant to paragraph one above.
5. This Agreement shall be deemed a contract and shall bind the parties and shall extend to
and bind their heirs, executors, administrators, legal representatives, successors, and
assigns.
6. This Agreement embodies all of the agreements between the parties hereto and there are
no promises, terms, conditions, or obligations referring to the subject matter whereof
other than as contained herein.
IN WITNESS WHEREOF, the parties have set their hands on the day and year first above
written.
OWNER: Evelyn Ard and Pamela K. Ard
tom,` �.
✓� l
Evelyn-Ard
ATTEST: (,pia f �i• , ./ ;vi
Weld Co d ty Clerk to the Board
BY:
Pamela K. Ard
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Deputy Cler, to the BoJulie Cozad, Chair
4280903 Pages: 2 of 5
02/24/2017 10:31 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
lilt Mrdli=k' M MikiMe �tit� 11111 ti tlII
2 2 2017
02-6 ,5406.)
EXHIBIT - A
ADDITIONAL RIGHT—OF—WAY
EVELYN ARD 8c
PAMELA K. ARD
LOT "B" AMENDED
RECORDED EXEMPTION
#1053-06-2 RE -3255
PARCEL #1053-06-2-00-034
RECEPTION #2712040 Bc 3598189
A TRACT OF LAND, lying and being situate within the Northwest 4 of Section 6,
Township 4 North, Range 64 West, 6th Principal Meridian, and being a part of Lot "B"
Amended of the Recorded Exemption #1O53 —O6-2 RE -3255, Weld County, Colorado,
and being more particularly described as follows:
BEGINNING AT A POINT on the Easterly Right —of Way Line of Weld County Road 49,
whence the Northwest Corner of said Section 6 bears N6514'46"W, a distance of
127.20 feet;
THENCE N4417'31"E, along said Easterly Right —of Way Line, a distance of 35.45 feet,
to the Southerly Right —of —Way Line of Weld County Road 50;
THENCE N89'O8'O8"E, along said Southerly Right —of —Way Line, a distance of 769.41
feet:
THENCE SOO'51'52"E, a distance of 7.00 feet;
THENCE S89'08'08"W, a distance of 103.79 feet;
THENCE S86'33'14"W, a distance of 399.61 feet;
THENCE S89'08'08"W, a distance of 291.55 feet to the POINT AND PLACE OF
BEGINNING, containing 14,088 sq.ft. (0.32 Acres) more or less.
Bearings as shown in the above description are based upon the North Line of Section
6, T.4N., R.64W having a bearing of N89'08'08"E.
This property is subject to all rights —of —way and easements of whatever kind, both
recorded and implied which may be in effect at the time of this document.
This property description was prepared entirely from information provided to this
Surveyor by Weld County Personnel.
d
CO'PLS186
PERMANENT DRAINAGE EASEMENT
ACQUISITION
ARD
WCR 49
WELD COUNTY, COLORADO
Luc�ErrIl
SURVEYING
1975 Prairie Owl Road
Parker, t.0 8O1385
(3O3)841-2568
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 49 CORRIDOR PROJECT
AT WCR 50
PROJECT NO.: SRP-26
4280903 Pages: 3 of 5
02/24/2017 10:31 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
DATE: 2/09/17 'DRAWN BY: MSL (SHEET 1 OF 2
XHIB IT A
All existfg ow . - rsh ipe
Rights-tof— • y, and' S 00'51'52" E, 7. 0'
existing _ • semerf
i0,f6rm • ion to 6s been
,provi - ed 4f Weld County.
i
Basis of Bearing
N 89'08'08" E, 2607.58'
North Line Section 6
N 441731". E, 35.45'
NW CORNER
56-T411V-R64W
I
IIMIlbSIMIIIIIM
N 89'08'08" E,
I
S 89'08'08" W, 103.79'
I
I
I
I to
4 -
'in
Os
M
co
Ico
I�
I
I
t
EVF,LYN ARD &
PAMELA K. ARD
LOT "B" AMENDED
RECORDED EXEMPTION
#1053-06-2 RE -3255
PARCEL 41053-06-2-00-034
RECEPTION #2712040 & 3598189
Property
Line
—N
Additional ROW
to be acquired
14,088 Sq.Ft - 0.32 Acrest
Point of Bcginniiy
0
Existing W - 49
-O-W
Existing 20' Wide
TEd PE
11E -- N 65'14'46" W,127.20'
Note: This Exhibit sketch does
not represent a Monumented Land
Survey or Right —of —Way. It is
intended to show the attached property
description only.
-...,.. -.r S
Iseee
PERMANENT DRAINAGE EASEMENT
ACQUISITION €W-3)
ARD
WCK49
WLLUCOUNIY, COLOK UO
ne
t.
Luc Errs
SUR EYING
1975 Prairi - Owl Road
ar er,
303 8
..
1-2568
w ELD COUNTY DEPARTMENT
oFPUBLIC woRKS
w c R 49 coRRIDoR RRIDo R PRoJEcT
ATwcR50
ROJECT NO.: SRP-26
DATE: 2/08/17
DRAWN BY: YSL
• 1•-120'
EET2OF2
4280903 Pages: 4 of 5
02/24/2017 10:31 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
VIII rjr'iI1,w
viriI1u � �aPill III 11 1
1 _
All existing ownershir,
Rights --of ay, and
existing asement
inforiptition has been
prodded by Weld County.
PERMANENT DRAINAGE EASEMENT
ACQUISITION
ARD
WCK49
WILD COUNIY, COLOKAU0
Note: This Exhibit sketch does
not represent a Mionumented Land
Survey or Right —of —Way. It is
intended to show the attached property
description only.
EVH..YNARD &
PAM[LA K. ARD
LOT "B" AMENDED
RI CORM 1D 1:HEMP i'I()N
u1053-06-2 RI. -1-, 5
PARCEL t21053-06-2-00-03-1
REX hi) FION 1:2712040 & 3598189
LUC
SUR
1975 Prairi
Harker, �
303 8
IETTI
EYING
Owl Road
O ≥3U138
1-2568
Were
w END co u NTY DEPARTMENT
oFPUBLIC woRKS
W CR 49 coRRIDoR R PROJECT
ATwcR S0
ROJECT NO.: SRP-26 -Y • r-120'
DATE: 2/08/17
DRAWN BY: Mt
4280903 Pages: 5 of 5
02/24/2017 10:31 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
VIII �JI iF
Jill
Hello