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
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County Attorney ��— ' `"'-L'—
Steve Moreno
Date of signature: 9�
2015-290Z,
CA0015
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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
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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
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-�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:
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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
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6-7-1939 � q.�,.__�,�,� � 40�
Mr._...._....� ��....r.�
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HARVEY VERNON MABIS II
PARC,#105501000047 � �
RECP.#3800059
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LOT A/RE 2035
RECP.#2554136
A0DlTI0NAL RIGHT-0E-WAY ACQUIRED I �
8,983.40 sf.t 0R 0.21 ac.t
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[� � L�.:: � �,� .t.{• t. �A���`r� �
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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.
RIGHT OF WAY WELD COUNTY DEPARTMENT
,���lg-,�.�1_��" OF Pi1F3LIC WORKS
ACQUISIT'ION ���� �
WCR 49 CORRiDOR PItOJECT
�-� ������ 13ETWEEN WCR 48&WCR 50
Ml1f3IS +�'�
�4. .f. PROJ�CT N0: SRP-2G 5CAL�: I"-50
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