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Home My WebLink About20161829.tiffRESOLUTION RE: APPROVE POSSESSION AND USE AGREEMENT AND AUTHORIZE CHAIR TO SIGN - JOHN AND DEE SMITH 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 John and Dee Smith, commencing May 18, 2016, 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 John and Dee Smith be and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair Pro-Tem 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 15th day of June, A.D., 2016, nunc pro tunc May 18, 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST:datifet) ;(A. EXCUSED Mike Freeman, Chair Weld County Clerk to the Board BY:� k to epu Clerk to the Board AP ounty Attorney Date of signature: i/ II/ @OI( ace Pw CT'j"/Pc) 7/13/9OV° Sean P. Conway, Pro-Tem eve Moreno 2016-1829 EG0073 MEMORANDUM TO: Clerk to the Board DATE: May 31, 2016 FROM: Tiffane Johnson, Public Works Department SUBJECT: Agenda Item RE: WCR 49 Corridor Project; SPR 26 Possession and Use Agreement with John and Dee Smith. M.`8rancicAGENDA memos\Agenda-Tiffany doc RECEIVED MAY 3 1 2016 WELD COUNTY COMMISSIONERS 2016-1829 POSSESSION AND USE AGREEMENT THIS AGREEMENT is made this 18th day of May, 2016, by and between John Smith and Dee Smith, 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". WHEREAS, Owner owns real property described in the attached Exhibits19A and 19B (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 49, 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 May 18, 2016 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: 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 Seventy and 00/100 dollars ($5,070.00). The County shall be entitled to take possession of the Property described in Exhibit 19A and 19B beginning May 18, 2016 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 IBC 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 4212704 Pages: 1 of 6 06/20/2016 01:16 PM R Fee:$0.00 Carly Kappes, Clerk and Recorder. Weld County. CO ■III Itedr llicilifelriC'E14, IirLi Plrllh�� YZ�It�,iuWvF ■I III OtC/6, -/t01% 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. OW John Sm th and Dec Smith its Dec Smith ATTEST: did - , v....re:L.4 BOARD OF COUNTY COMMISSIONERS BY: Deputy CI'rk to the B APPROVED AS TO FUNDING: WELD COUNTY, COLORADO c ✓p C_ Sean P. Conway, Pro-Tem APPROVED AS TO SUBSTANCE: JUN 1 5 2016 'aL4ae9' arkti_ � 7 � L Controller E ect I or Department Head NIA Director of General Services APPRZ ED AS TO FORM: ;tcs Cm . County Attorney 4212704 Pages: 2 of 6 06/20/2016 01:16 PM R Fee:$0.00 Carly Koppes. Clerk anc Recorder. Weld County. CO ■III M��1RJi'itL1+lI�1�'I�i!'L� ��l,Pl4L��iiw�41�� YL h ■I II 020/6 -/i2-7 EXHIBIT - 19A ADDITIONAL RIGHT-OF-WAY FROM THE DEE & JOHN SMITH PROPERTY WITHIN PARCEL#130506300002 AS FILED UNDER RECEPTION #2263734 A TRACT OF LAND, LYING AND BEING SITUATE WITHIN the North West 1/4 of the South West 1/4 of Section 6, Township 2 North, Range 64 West, of the 6th Principal Meridian, Weld County, Colorado, and being more particularly described as follows: BEGINNING AT A POINT on the East Right -of -Way Line of Weld County Road 49, whence the West 1/4 Corner of Said Section 6 bears N81°56'03"W, a distance of 70.89 feet; THENCE $61°15'23"E, a distance of 23.56 feet; THENCE S01°58'49"E, a distance of 656.48 feet; THENCE S46°35'15"E, a distance of 64.08 feet; THENCE S01°35'15"E, a distance of 595.17 feet, to a point on the South Line of the North West 1/4 of the South West % of said Section 6; THENCE, S88°39'43"W, along said South Line of the North West /4 of the South West Y< of said Section 6, a distance of 65.01 feet, to a point on a non -tangent curve to the left; THENCE, 679.24 feet along the curve to the left, said curve having a Radius of 15,770.00 feet, a central angle of 2°28'04", a chord bearing of N01°44'28"W, and a chord distance of 679.19 feet; THENCE NO2°58'30"W, a distance of 18.88 feet to a curve to the right; THENCE 610.55 feet along a curve to the right, said curve having a Radius of 15,630.00 feet, a central angle of 2°14'17", a chord bearing of NO1°51'22"W, and a chord distance of 610.51 feet, to the POINT AND PLACE OF BEGINNING, containing 54,591 Sq. Ft. (1.25 Acres) more or less. BEARINGS as shown in the above description are based upon the West Line of the Southwest a of said Section 6 having a Bearing of N 00°30'12"W. 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. 12704 Pages: 3 of 6 42 06r/201220p16 01:15lerk PManRecorder,Fee:0.00d CountyCO •fl W!c1Qf e i eNiii r't'e l II:mat:I IIF ;', A �I III CO PLS 18468 ADDITIONAL ROW ACQUISITION DEE & JOHN SMITH LUCHIETri SURVEYING 1975 Prairie Owl Road WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 49 CORRIDOR PROJECT Between Roads 24 & 26 PROJECT NO.: SRP26 SCALE: 1'200' arer, CU 80138 (303)841-2568 WCR 49 WELD COUNTY, COLORADO DATE: 5/10/16 DRAWN BY: MSL SHEET 1 OF 2 EXHIBIT - 19A POs. East - West CL Section 6 �S 61'15'23" E, 23.56 r W I/s Corner Sect. 6 T2N - R64W N 81'56'03" W, 70.89' A=2'14'17" R=15630.00' L=610.55 ChB=NO1'51'22"W ChL=6'11 0.51' WCR -49 West Line Section 6 N 02'58'30" W, 18.88' 2'28'04" R=15770.00' L=679.24' Ch8=NO1'44'28"W Ch L=679.19' ARVIN DECHANT JP_ se us St-T2NR55W WCR -49 Existing R -O -W 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. DEE & JOHN SMITH PARCEL. #130506300002 RECEPT. =2263734 ',VS 01'58'49" E, 656.48' -\j /-S 46'35'15" E, 64.08' All existing ownership, Additional ROW Parcel Rights —of —Way, and existing easement information has been provided by Weld County. 54,591 Sq.Ft /1.25Acres Lc �ProposedPermanent Easement Parcel S 0135'15" E, 595.17' South Line of Smith Property 88'39'43" W, 65.01' TOD MOORE LOT A RE L?m-ayn¢--;nae 200 WOODMEN OF THE WORLD LOT B RE 045 0 100 200 I '� �'; 400 ADDITIONAL ROW ACQUISITION DEE &JOHN SMITH WCR 49 WELD COUNTY, COLORADO LUCHETTI SURVEYING 1975 Prairie Owl Road SCALE: 1'1=200' WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 49 CORRIDOR PROJECT Between Roads 24 & 26 PROJECT NO.: SRP26 SCALE: 1"=200' Parker, CU 8U138 (303)841-2568 DATE: 5/10/16 DRAWN BY: MSL SHEET 2 OF 2 EXHIBIT o 19B REVISED PERMANENT EASEMENT FROM THE DEE & JOHN SMITH PROPERTY WITHIN PARCEL#130506300002 AS FILED UNDER RECEPTION #2263734 A TRACT OF LAND, LYING AND BEING SITUATE WITHIN the North West 1/4 of the South West 1/4 of Section 6, Township 2 North, Range 64 West, of the 6th Principal Meridian, Weld County, Colorado, and being more particularly described as follows: BEGINNING AT A POINT on the East Right -of -Way Line of Weld County Road 49, whence the West 1/4 Corner of Said Section 6 bears S88°44'37"W, a distance of 70.07 feet; THENCE N88°44'37"E, along the East-West Centerline of Said Section 6, a distance of 20.00 feet; THENCE 561°15'23"E, a distance of 23.27 feet; THENCE S01°58'49"E, a distance of 659.66 feet; THENCE S46°35'15"E, a distance of 64.16 feet; THENCE S01°35'15"E, a distance of 603.54 feet, to a point on the South Line of the Northwest % of the Southwest 1/4 of Said Section 6; THENCE S88°39'43"W, along said South Line a distance of 20.00 feet; THENCE N01°35'15"W, a distance of 595.17 feet; THENCE N46°35'15"W, a distance of 64.08 feet; THENCE ND1°58'49"W, a distance of 656.48 feet; THENCE N61°15'23"W, a distance of 23.56 feet to a non -tangent point on a curve to the right; THENCE 11.48 feet along a curve to the right, said curve having a central angle of 00°02'32", a radius of 15,630.00 feet, a chord bearing of NOO°42'57'W, and a chord distance of 11.48 feet, to the POINT AND PLACE OF BEGINNING, containing 27,014 Sq. Ft. (0.62 Acres) more or less. BEARINGS as shown in the above description are based upon the West Line of the Southwest 1/4 of said Section 6 having a Bearing of N DO°30'12"W. 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. es: 5 of 6 06120/20P16 011164 gPMlerk d Recorder, e:.00d County, co Ca y CO PLS 18468 PERMANENT EASEMENT ACQUISITION DEE & JOHN SMITH LUCHEETTI SURVEYING 1975 Prairie Owl Road WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 49 CORRIDOR PROJECT Between Roads 24 & 26 PROJECT NO.: SRP26 SCALE: 1"=200' 8 wCR 49 WELD COUNTY, COLORADO (303)841-2568 DALE: 5/10/16 DRAWN BY: MSL SHEET 1 OF 2 EXHIBIT m 19B NE o � U Oaf 3� DaLf D d LLo� D aCC _ -1 i) ao oma,-- ";-;--a S tower rmae )No \Ym- 12 >Oa roo� N 88'44'37" E, 70.07' P✓ / Career Sect 6 i2N - 964W L—0°02'32" 8=15630.00' L=11.48' ChB=NOo'42'57'W ChL=11 .48' N 6115'23" W, 23.56' N 01'58'49" W, 656.48' WCR-49 West Line Section 6 N 46'35'15" W, 64.08' N 01'35'15" IN, 595.17' ALVIN DECHANi JR. 5E 714 5325-RESW WCR-49 Existing R -O -W Vote: This Exhibit sketch does not represent a Monumented Land Survey or Right —of —Way. It is intended to show the attached proper description only. F —P.O.B. N 88'44'37" E, 20.00' —East- West CL Section 6 S 61'15'23" E, 23.27' DEE & JOHN SMITH PARCEL #130506300002 RECUT. #2263734 hS 01'58'49" E, 659.66' S 46'35'15" E, 64.16' Proposed Additional ROW Parcel All existing ownership, Rights —of --Way, and existing easement information has been provided by Weld County. Permanent Easement Parcel 27,014 Sq.Ft /062 Acres± S 01'35'15" 5, 603.54' South Line of Smith Property \R -S 88'39'43" IN, 20.00' TOO MOORE LOT A RE 186iLrLLE-:018 200 0 16.06.1 WOODMEN OF THE WORLD LOTS RE 100 200 1305 -5 -3 -RE -364S 400 SCALE: 1"=-200' PERMANENT EASEMENT ACQUISITION DEE &JOHN SMITH WCR 49 WELD COUNTY, COLORADO LU HEm -S_URVEY I 1975 Prairie Owl Road Parker, CU 8U138 (303)841-2568 WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 49 CORRIDOR PROJECT Between Roads 24 & 26 PROJECT NO.: SRP26 'SCALE: 1'-200 DATE: 5/10/16 DRA1111 COT: MSL SHEET 2 OF 2 Hello