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Home My WebLink About20161565.tiff RESOLUTION RE: AUTHORIZE FILING OF PROCEEDINGS IN EMINENT DOMAIN, PURSUANT TO SECTION 38-1-101, C.R.S., AGAINST JEFF AND DEANNE MAXEY 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, Weld County is in need of acquiring additional Property for the expansion of County Road 49, in a portion of Section 19, Township 5 North, Range 64 West of the 6th P.M., Weld County, Colorado, as more fully described and depicted in the attached Exhibit A, Legal Description and Diagram of Right-of-Way (ROW), and WHEREAS, in an appraisal prepared by Jon Vaughn, Certified Appraiser, the value of the Property to be acquired, without damages, is established at $110,800.00, and WHEREAS, said property is owned by Jeff and Deanne Maxey, and WHEREAS, negotiations with the property owner have included multiple phone calls, emails and letters from Mitch Hauff, Acquisitions Agent for Western States Land Services (on behalf of Weld County), to Jeff Hamilton, and from Tiffane Johnson, Weld County Public Works, to Jeff Hamilton, and between Assistant Weld County Attorney, Bob Choate, and counsel for the Maxeys, attorney Douglas Widlund, and WHEREAS, Weld County has made multiple offer to purchase the property, with a final offer made on February 26, 2016, for the compensation amount of$195,024.00, and WHEREAS, the County and Jeff and Deanne Maxey have attempted to negotiate compensation, but have been unable to agree on compensation, and WHEREAS, to date, the parties have been unable to reach an agreement for the purchase of said property, and WHEREAS, the expansion of County Road 49, between 1-76 and U.S. Highway 34, as it proceeds past the Respondent's property, is necessary for the public good to provide safety for the traveling public due to historic and projected increased traffic on said roadway, and WHEREAS, Jeff and Deanne Maxey were notified by letter dated March 24, 2016, of the place and time of the hearing at which the Board approved this Resolution. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado,that the Weld County Attorney be, and hereby is, authorized to file a proceeding in eminent domain, pursuant to Section 38-1-101 et. seq., C.R.S., against Jeff and Deanne Maxey, in the Weld District Court to acquire the Property described and depicted in the attached Exhibits. ed:CAA S-i-.?,off, 2016-1565 CA0015 AUTHORIZE FILING OF PROCEEDINGS IN EMINENT DOMAIN, PURSUANT TO SECTION 38-1-101, C.R.S., AGAINST JEFF AND DEANNE MAXEY PAGE 2 BE IT FURTHER RESOLVED by the Board that the acquisition of such Property is deemed necessary for the health, safety and welfare of the citizens of Weld County, Colorado. BE IT FURTHER RESOLVED by the Board that the Controller shall cause to be paid $110,800.00 into the Registry of the Court, being the amount that Weld County estimates is the appropriate value of the property including all damages, for the purpose of acquiring the aforementioned property upon the filing of a motion for possession of the property, or if in conjunction with a joint and stipulated motion for immediate possession or a stipulated Rule and Order, payment may be made to Respondent as an alternative to depositing such sums into the Registry of the Court. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 11th day of May, A.D., 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: /..dtifJ Mike Freeman, Chair Weld County Clerk to the Board -� Liaid Sean P. Conway, Pro-Tem B . .,51 Dey44...( y Clerk to the Board Julie A. Cozad • - SVED AS M: :r-1\irkmeyer •un y Attorney , '.,�:�_v_•fir -no Date of signature: , 51_121.11.e 2016-156 5 CA0015 1861 CLERK TO THE BOARD Twit PHONE: (970) 400-4226 o \1 FAX: (970) 336-7233 �..r 1150 O STREET P.O. BOX 758 GREELEY, COLORADO 80632 ir_7°)UNTY STATE OF COLORADO) ss COUNTY OF WELD ) I, Esther E. Gesick, Clerk to the Board of County Commissioners, in and for the County of Weld, State of Colorado, do hereby certify that the attached copy of Resolution #2016-1565, dated May 11, 2016, is a duplicate of the original Resolution on file in the Weld County Clerk to the Board's office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County at Greeley, Colorado, this 18th day of May, 2016. b.SZ)Li �� 1361 ( .194, , CLERK TO THE BOARD • '4 C/ L� EXHIBIT-A RIGHT-OF-WAY TWO PARCELS OF LAND, LOCATED IN THE SOUTHWEST ONE-QUARTER OF SECTION 19, TOWNSHIP 5 NORTH, RANGE 64 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF LOT-B OF RECORDED EXEMPTION NO. 0963-19-3-RE1886 (RE-1886) FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2500359 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 19, TOWNSHIP 5 NORTH, RANGE 64 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE WEST LINE OF SAID SOUTHWEST ONE-QUARTER OF SAID SECTION 19 AS BEARING NORTH 00'26'16" WEST A DISTANCE OF 2634.18 FEET TO THE WEST ONE-QUARTER CORNER OF SECTION 19, TOWNSHIP 5 NORTH, RANGE 64 WEST ALSO DESCRIBED AS SHOWN; THENCE NORTH 00'26'16" WEST ALONG THE WEST LINE OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 19 A DISTANCE OF 400.24 FEET; THENCE DEPARTING SAID LINE NORTH 89'33'44" EAST TO A POINT ON THE EXISTING EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 49 A DISTANCE OF 30.00 TO THE POINT OF BEGINNING. THENCE NORTH 87'45'48" EAST ALONG THE SOUTH LINE OF LOT-A OF SAID RE-1886 A DISTANCE OF 6.13 FEET TO A POINT OF CURVE TO THE LEFT; THENCE 163.68 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 15,630.00 FEET, CENTRAL ANGLE IS 00'36'00" AND WHOSE CHORD BEARS SOUTH 01'08'10" WEST TO A POINT ON THE SOUTH LINE OF LOT-B OF SAID RE-1886 A DISTANCE OF 163.68 FEET; THENCE SOUTH 69'02'46" WEST ALONG SAID SOUTH LINE TO A POINT ON SAID EXISTING EASTERLY RIGHT-OF-WAY LINE A DISTANCE OF 1.74 FEET; THENCE NORTH 00'26'16" WEST ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 164.03 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 611.07 sf. OR 0.01 ac. MORE OR LESS. AND COMMENCING AT THE WEST ONE-QUARTER CORNER OF SECTION 19, TOWNSHIP 5 NORTH, RANGE 64 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE WEST LINE OF SAID SOUTHWEST ONE-QUARTER OF SAID SECTION 19 AS BEARING SOUTH 00'26'16" EAST A DISTANCE OF 2634.18 FEET TO THE SOUTHWEST CORNER OF SECTION 19, TOWNSHIP 5 NORTH, RANGE 64 WEST ALSO DESCRIBED AS SHOWN; THENCE NORTH 89'30'30" EAST TO A POINT ON THE EXISTING EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 49 A DISTANCE OF 30.00 TO THE POINT OF BEGINNING. THENCE NORTH 89'30'30" EAST A DISTANCE OF 2.89 FEET TO A POINT OF CURVE TO THE LEFT; THENCE 350.57 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 15,630.00 FEET, CENTRAL ANGLE IS 0117'06" AND WHOSE CHORD BEARS SOUTH 02'30'19" EAST A DISTANCE OF 350.56 FEET; RIGHT OF WAY WELD COUNTY DEPARTMENT °'° 1 OF PUBLIC WORKS ACQUISITION RW_49 WCR 49 CORRIDOR PROJECT Nom • BETWEEN WCR 54& US HWY 34 JEFFREY & DEANNE MAXEY N T G O U _Y PROJECT NO: SRP-26 SCALE: I"=300 WCR 49 WELD COUNTY,COLORADO DATE: 12-15-14 BY: .1I1B SHEET: 1 of3 2016-1565 EXHIBIT-A RIGHT-OF-WAY CONT. THENCE SOUTH 03'08'52" EAST A DISTANCE OF 217.87 FEET TO A POINT OF CURVE OF THE RIGHT; THENCE 599.25 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 12,670.00 FEET, CENTRAL ANGLE IS 02'42'36" AND WHOSE CHORD BEARS SOUTH 01'47'34" EAST A DISTANCE OF 599.19 FEET; THENCE SOUTH 00'26'16" EAST A DISTANCE OF 18.51 FEET TO A POINT OF CURVE OF THE RIGHT; THENCE 605.59 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 12,670.00 FEET, CENTRAL ANGLE IS 02'44'19" AND WHOSE CHORD BEARS SOUTH 00'55'53" WEST A DISTANCE OF 605.53 FEET; THENCE SOUTH 0218'02" WEST A DISTANCE OF 207.50 FEET TO A POINT OF CURVE OF THE LEFT; THENCE 21.33 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 15,630.00 FEET, CENTRAL ANGLE IS 00'04'42" AND WHOSE CHORD BEARS SOUTH 0215'42" WEST TO A POINT ON THE NORTH LINE OF SAID LOT-A A DISTANCE OF 21.33 FEET; THENCE NORTH 89'49'32" WEST ALONG SAID NORTH LINE TO A POINT ON SAID EXISTING EASTERLY RIGHT-OF-WAY LINE A DISTANCE OF 14.62 FEET; THENCE NORTH 00'26'16" WEST ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 2019.25 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 55,261.01 sf. OR 1.27 ac. MORE OR LESS. FOR A COMBINED TOTAL OF 55,872.08 sf. OR 1.28 ac. MORE OR LESS. TOGETHER WITH EXISTING WELD COUNTY ROAD 49 RIGHT-OF-WAY WHICH LIES IMMEDIATELY ADJACENT TO THE ABOVE DESCRIBED PARCEL(S) CONTAINING 1.51 ac.± THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. RIGHT OF WAY WELD COUNTY DEPARTMENT ' 186%` k OF PUBLIC WORKS ACQUISITIONalip WCR 49 CORRIDOR PROJECT BETWEEN WCR 54& US HWY 34 JEFFREY & DEANNE MAXEY � J7 ,' /Y V._ PROJECT NO: SRP-26 SCALE: I"=300 WCR 49 G O N WELD COUNTY,COLORADO DATE: 12-15-14 BY: JHB SHEET: 2 ot3 P.O.B. fL6 EXHIBIT-A R it NOTE: THIS EXHIBIT MAP DOES P.O.C. : w L11 (11E) NOT REPRESENT A MONUMENTED W 1/4 COR LAND SURVEY OR LAND SURVEY S19-T5N-R64WI I M JEFFREY & DEANNE MAXEY PLAT. IT IS INTENDED TO 2 1/2" A.C. : I ' PARC.#096319300065 ILLUSTRATE THE ATTACHED STAMPED ALLES I i ;" RECP.#2756959 PROPERTY DESCRIPTION ONLY. LS#9644 ' r' 2001 IN MON. I t LOT B/RE-1886 BOX RECP.#2500359 q SW 1/4 '.1 LINE TABLE S 19-T5N-R64W WCR 49 144- EXISTING I II LINE BEARING DISTANCE eki RIGHT-OF-WAY - L1 NO0'26'16"W 400.24' SL2 N89'33'44"E 30.00' MOWERY #'` L3 N 87'45'48"E 6.13' lb' L4 S69'02'46"W 1.74' 3 L5 NO0'26'16"W 164.03' L2 , I O.B k.1 L6 N89'30'30"E 2.89' '" rj L7 S03'08'52"E 217.87' P [, 7-f r3 L8 SO0'26'16"E 18.51' ro (n I L9 S02'18'02"W 207.50' N; a } M z L10 N89'49'32"W 14.62' o k z W CD L11 N89'30'30"E 30.00' I �i . k. o X N III ok≤i �3 a ci id `� 3 co I ADDITIONAL RIGHT—OF—WAY ACQUIRED J t° Q `°o I 1 55,261.01 sf.± OR 1.27 ac.± . I. , o a ADDITIONAL RIGHT-OF-WAY ACQUIRED I - J 9 z 0° (SOUTH OF LOT—A) L 611.07 sf.t OR 0.01 ac.± 1 ADDITIONAL RIGHT—OF—WAY ACQUIRED I " COMBINED TOTAL OF ¢ 3 m i f' `� ,� 55,872.08 sf.± OR 1.28 ac.± I 0 L4 ' U APPARENT 30' RIGHT—OF—WAY ,z o - ; �/l —DETAIL- tJ? I I II CURVE TABLE cDm 8 I C# LEN RADIUS DELTA CHD CHD BRG cn r I i ;,` Cl 163.68' 15630.00' 00'36'00" 163.68' S01'08'10"W c i [ ;;' C2 350.57'15630.00' 01'17'06" 350.56' S02'30'19"E tt C3 599.25'12670.00' 02'42'36" 599.19' S01'47'34"E Oa- I I � C4 605.59'12670.00' 02'44'19" 605.53' SO0'55'53"W Y � -j C5 21.33' 15630.00' 00'04'42" 21.33' 502'15'42"W R Lo co i ,.--4L10 SSW 9COR-P.O W ' 5 R ��NC' 21/2" A.C. ; K. MAXEY O� �c.� L� MOWERY STAMPED 13 8 LS#34980 'Lj 3 � R �iS 2008 IN MON. ! R U tk' �� BOX yf' ADDITIONAL R.O.W. MILLER SEE 6 D�� 4 WCR 49F-WAY"G .' �- HERGENREDER RIGHT OF WAY WELD COUNTY DEPARTMENT �'�1$61 i°` . OF PUBLIC WORKS ACQUISITION Rw a9 . WCR 49 CORRIDOR PROJECT BETWEEN WCR 54& US HWY 34 JEFFREY & DEANNE MAXEY ✓�� WCR 49 l'/ N T Y � PROJECT NO: SRP-26 SCALE: 1"-300 GOU_ WELD COCINIY,COLORADO DATE: 12-15-14 DRAWN BY: .IIIB SHEET: 3 of Hello