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HomeMy WebLinkAbout20152902.tiff RESOLUTION RE: AUTHORIZE FILING OF PROCEEDINGS IN EMINENT DOMAIN, PURSUANT TO SECTION 38-1-101, C.R.S., AGAINST MR. HARVEY VERNON MABIS II 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 1, Township 4 North, Range 65 West of the 6th P.M., Weld County, Colorado, as more fully described and depicted in the attached Exhibit A, and WHEREAS, in a restricted use appraisal with a date of valuation being December 12, 2014, prepared by Rebecca Dixon, Certified Appraiser, the value of the Property to be acquired is established at $233,500.00, and WHEREAS, said Property is owned by Harvey Mabis, and WHEREAS, negotiations with Mr. Mabis have included several communications between and among Mr. Mabis, his attorney Jordan May, and his father Harvey Mabis Sr., and Leon Sievers of the Weld County Department of Public Works, and Bob Choate, Assistant County Attorney, and WHEREAS, the County offered a sum of $286,750.00 to Mr. Mabis for the purchase of the Property, which was rejected, 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 Mabis 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, the acquisition of said Property is necessary because of the pending expansion of County Road 49. 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 Mr. Harvey Mabis, in the Weld District Court to acquire the Property described and depicted in the attached Exhibit A. 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. 2015-2902. CA0015 Cc,:Ca.. Q/ AUTHORIZE FILING OF PROCEEDINGS IN EMINENT DOMAIN, PURSUANT TO SECTION 38- 1-101, C.R.S., AGAINST MR. HARVEY VERNON MABIS II PAGE 2 BE IT FURTHER RESOLVED by the Board that the Controller shall cause to be paid $233,500.00 into the Registry of the Court 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, payment may be made to Mr. Harvey Mabis as an alternative to depositing such sums into the Registry of the Court. BE IT FURTHER RESOLVED by the Board that, if Mr. Mabis signs a Right of Entry form and a Possession and Use Agreement (both of which are attached hereto and incorporated herein) by 5:00 p.m. on August 31, 2015, the County Attorney shall not file an action in condemnation except in compliance with said Possession and Use Agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 31st day of August, A.D., 2015. BOARD OF COUNTY COMMISSIONERS WE COUNTY, COLO DO ATTEST:C��,,t - 1 �L • Z '�� �h � U.�d� ' arbara Kirkmeyer, hair Weld County Clerk to the B ��� . i e Freeman, ro-Tem BY: � � � �'_ e ty Clerk to the r 4 ����`� Conway � APPROVED AS TO FORM: ���� ozad � County Attorney ��— ' `"'-L'— Steve Moreno Date of signature: 9� 2015-290Z, CA0015 ��"� ,,_. �p '4'1'EST��d.h' �T�?�TES cc��.o�:�,�o Land S�r��iccs, Enc. t}t!i�t:tc�rt7uxs���.P.•ttt'rh�[•,ry r Acquisition and Refacafion Specialists 1111 N STR�EI' 5p5 N.C3enver Avenue P.U.8QX 758 Loveland,Cnlarada 8D537 GREELEY,COLORADC7 80632 WEBSITE:tNWW.Cp.WEE(�.G0.US (97t7)fif�7-7602 � Me{ro{303}938-1414 PHC7NE (970}356-4000, EXT. 3750 F�x(970)667-65f30 FAX: (970}304-64�7 ['�;Ra'4-11SSIt��! I�"�� r'4�Ti2Y C'E'(}N f2F_,�1L C'�2(�P�:lt"1"Y I lIl� IJ�IDE:R.'�1ti1�1�:I�, ����►R`%I�1' t'I�'ttN()1'V �1r�I31�s II. htrt;l�y �itifes � p��•rt�i�,4i��z� fe>r Che C"(�I ��T�' O� \�E[,�, tt5 C'i�t�tr�e,t�.�r�, :��er�ts, F�`�7�p�lvy�es and afl Ivie��GQY�I,� otl��,i� deer��ed nti�.�;ssarti� by t��L,icl ('���sunty tc� cnte�i• i��pt�n tl�� f�t+llos-vi��� c�escrihe�t� re.�tl �f�jeS�" �DS'��+T p��o�c,rt��y�`Nc���,�'Ill� a.f� S`ir�c�vJ'Ci �l �Q��sS� ��.- c��Oztf� � F��!„CS: V � .'l �,arcel ��f" I��nd locat�d rr� the Nc�i-tli 'ir c�f t�f7e IvI�� �4 c�f�� �ectit>rl 1. �cn�nsi�ip 4 '�'c�rt13, Ran�e l7S l�'est �f�tha� 6`n P.�`�'i.. C�7i�nt�� c>f t�'eld, 5t��tc t:af'C"c>l�sr�.►�f�, �c��z �t�r��r_� ��t_;�ri��t��t�. <>r,�: �� ��'�,� �� a��� ����, 1 sc� ( J �:��������: pc�� �iz.- _._l 5_.-'�.__'Z�'._l�._._ I)ate: _��-��1_.�� ___................._... :'ti��n:�e: f��trvtv Virnc}n �I����is I I _ w By': _��� ;h.tlt�t�e5s: � ...._._.� _._�_...... � e �_.�7Gv 1' _._��,Q�.�-�,__.. _�.._.��' �I�>r7��: �'!�<7n4: ___"��.._�.���........._.�15% �7 ___ C.`ti[l I'haz�l�: �. _._�._�...._..____ _e___ " � �.J�2��..� , L-�7����: ����,��.�__� l,� � � � A � _�- . _ . � `.�"� �-�n��.�.��� � : i�/�//� STI�TE OF COL�'i�tADO l�� ' N0TARY ID 19924013859 MY C0MMISSI0N EXPIRES 0CT. 7, 2016 1':`,1t t�.I,[){:'1�1�1"'.C'�G���18`,"�1�t1�C4-1C'f,�i;ISl1'It)'��,A>t<�bis I'kr�Ertis�ii7u to L-:nter R--�-1 a.dc�c POSSESSION AND USE AGREEMENT THIS AGREEMENT is made this � day of �"� �5'�"` 2015, by and between Harvey Vernon Mabis II, hereinafter referred to as "Owner" d 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 Exhibit "A" (hereinafter referred to as the "Property"), and WHEREAS, County finds it necessary to rebuild and improve 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 need of possession of said Property immediately, and the Parties have not yet agreed upon the compensation to be provided to the Owner, and WHEREAS, Owner and County are currently negotiating the purchase and sale of said Property, and WHEREAS, Owner wishes to cooperate with County in said Road Improvement Project. NOW, THEREFORE, the Parties agree as follows: L In consideration of this irrevocable grant of possession, mutual promises and covenants contained herein, County will delay filing an action in eminent domain against Owner or the Property until October 15, 2015 at the earliest. County agrees not to file such proceeding if the parties come to an agreement regarding compensation. The County shall be entitled to take possession of the Property described in Exhibit A immediately for the purposes described in this Agreement. 2. Owner represents that the title to the property is free and clear of al1 liens and encumbrances, warrants and will defend title thereto against all claims. 3. Owner agrees to grant the Property to County. 4. This agreement is made with the understanding the 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 by October 15, 2015 such failure will be a confession that the negotiations to acquire the propertied described Page 1 of 3 Pages 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 unreasonable 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. 38-1-105(3). If such proceedings are begun, this Possession and Use Agreement shall operate as a stipulation to immediate and continued possession of the Properiy pursuant to C.R.S. 38-1-105(6). 6. 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. 7. 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. 8. 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 hereto have subscribed their names this-�day of ,�;��p� 2015. OWNER, HARVEY VERNON MABIS II � �_ " ' DIA ,E K. MAN � . Y 'j � .ATE OF`C p� / �Q�'!'vi�c�.Gr?zi � � ��, I NOTARY ID 19924013859 �� / 7 /�� MY COMMISSION EXPIRES OCT. 7, 2016 Page 2 of 3 Pages ATTEST:f/•�a%�-�w1J � �'� BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WELD COLTNTY, COLORADO BY: ��'� �' 11�C�1(-- ,����� '� . 4l �� Depu lerk to the Boa d arbara Kirkmeyer, hair ia�t � APPROVED AS TO FUND � �� APPROVED AS TO SUBSTANCE: �� Controller Elected Officia e artment Head APPROVED AS TO FORM: �_� D' ublic Works �21,�- County Attorney Page 3 of 3 Pages o��.��9U/ i , -�i xHI$IT_A NEt/4 51-T4N-R65W RI GH T-OF-WAY A PARCEL OF LAND, LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 1, TOWNSHIP 4 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF LOT-A OF RECdRDED EXEMPTION N0. RE-2035 FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION N0. 2554136 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WESTERLY 50.00 FEET OF THE EASTERLY 90.00 FEET OF SAID LOT-A. SAID PARCEL CON7AINS 8,983.40 sf. OR 0.21 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. LEON W. SIEVERS PLS 23520 RIGHT OF WAY WELD COUNTY DEPARTMCNT ��'°� 3$61 �'�'- ACQUISITION �`'=-�""�' OF PUBLIC WORKS � WCR 49 CORRIDOR PROJECT - �w�.-'-��- �,: BETWEEN WCR 48&WCR 50 ivlftEilS W"(:N�y �,�, .,�, PRCJECT N0: SRP-2h SCALE: .� �- rC �; � ,- f Wt�.LD COI;NTY,CL3LUR.AI3O ��- '�� �� ���"�' CATE: (i-2S-15 BY; DRH SHEET: I of'2 E X H I B I T-L7 NEt/4 S1-T4N-R65W �,,,�;._�..E� WCR 49 EXIS7ING � BK.H046/PG.30 � ( � � RECP.#819306 <� , .�,,;:,:, 6-7-1939 � q.�,.__�,�,� � 40� Mr._...._....� ��....r.� .�.� ��` I I HARVEY VERNON MABIS II PARC,#105501000047 � � RECP.#3800059 � LOT A/RE 2035 RECP.#2554136 A0DlTI0NAL RIGHT-0E-WAY ACQUIRED I � 8,983.40 sf.t 0R 0.21 ac.t � � � ___...�._._._----...._.___ � � � � [� � L�.:: � �,� .t.{• t. �A���`r� � ' � I ' ( ' N0TE: THIS EXHIBIT MAP D0ES N0T REPRESENT A M0NUMENTED LAND SURVEY 0R LAND SURVEY PLAT. IT IS INTENDED T0 ILLUSTRATE THE ATTACHED PR0PERTY DESCRIPTI0N 0NLY. 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