HomeMy WebLinkAbout20153707.tiff RESOLUTION
RE: AUTHORIZE FILING OF PROCEEDINGS IN EMINENT DOMAIN, PURSUANT TO
SECTION 38-1-101, C.R.S., AGAINST BETTY WRIGHT-GOIN AND DAVID WRIGHT
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 7, Township 4 North, Range 64 West of the 6th P.M.,
Weld County, Colorado, as more fully described and depicted in the attached Exhibits A and C,
and
WHEREAS, said property is owned by Betty Wright-Goin and David Wright, and
WHEREAS, negotiations with Ms. Wright-Goin and Mr. Wright have included several
communications, including the following:
• Letters to Betty Wright-Goin from Mitch Hauff, Western States Land Services,
dated 11/07/14 and 01/23/15, and
• Phone calls and emails between Assistant Weld County Attorney Bob Choate and
attorney Jim Gustafson, as attorney for Ms.Wright-Goin, dated 09/08/15, 11/06/15,
and 11/12/15, and
• Final purchase offer letter to Jim Gustafson from Bob Choate dated 10/30/15, and
WHEREAS, the County and Ms. Wright-Goin and Mr. Wright have attempted to negotiate
compensation, but have been unable to agree, 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 Wright-Goin 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, Betty Wright-Goin and David Wright were notified of today's hearing and
appeared.
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 Betty Wright-Goin and
David Wright, in the Weld District Court to acquire the property described and depicted in the
attached Exhibits A and C.
2015-3707
Ott /2131 EG0072
AUTHORIZE FILING OF PROCEEDINGS IN EMINENT DOMAIN, PURSUANT TO SECTION
38-1-101, C.R.S., AGAINST BETTY WRIGHT-GOIN AND DAVID WRIGHT
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
$7,058.00 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 or a stipulated Rule and Order, payment may be
made to directly to Betty Wright-Goin and David Wright 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 23rd day of November, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, C L DO
ATTEST: id21 G: jC,uo;i1
rbara Kirkmeyer, air iLlife't--
Weld Cou ty Clerk to the Board
Mike Freeman, Pro-Tem
BY:
Deputy Cle to the Boar <
Sean P. Con ay
. . , ED RM: C77//
Julie ozad
oY Attorneyth,I ��TM:14°
�teve MorenoDate of signature: ,�-
''' '
2015-3707
EG0072
EXHIBIT-A
PROPERTY DESCRIPTION
RIGHT-OF-WAY
ALL THAT PORTION OF LOT B, RECORDED EXEMPTION NO. 1053-07-2-RE-2811, A RECORDED
EXEMPTION RECORDED UNDER RECEPTION NO. 2817516 OF THE RECORDS OF WELD COUNTY, COLORADO,
LOCATED IN THE NW1/4 OF SECTION 7, T4N, R64W OF THE 6TH P.M., COUNTY OF WELD, STATE OF
COLORADO, SAID PARCEL BEING A PORTION OF THAT TRACT OF LAND AS DESCRIBED IN DEED
RECORDED UNDER RECEPTION NO. 3122751 OF THE RECORDS OF WELD COUNTY, COLORADO AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT B, THENCE NOO°35'20"W, 824.81 FEET ALONG
THE WEST LINE OF SAID LOT B TO THE SOUTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 48;
THENCE N88°44'12"E, 124.83 FEET ALONG THE SOUTH RIGHT-OF-WAY LINE OF SAID WELD COUNTY
ROAD 48;
THENCE S43°24'14"W, 98.43 FEET;
THENCE SOUTHERLY, 334.21 FEET ALONG THE ARC A CURVE CONCAVE TO THE WEST TO A POINT
TANGENT, SAID ARC HAVING A RADIUS OF 15,770.00 FEET, A CENTRAL ANGLE OF 01°12'51" AND BEING
SUBTENDED BY A CHORD THAT BEARS S01°11'46"E, 334.20 FEET;
THENCE SOO°35'20"E, 169.28 FEET;
THENCE N89°24'40"E, 20.00 FEET;
THENCE SOO°35'20"E, 251.03 FEET TO THE SOUTH LINE OF SAID LOT B;
THENCE S88°42'38"W, 80.00 FEET ALONG THE SOUTH LINE OF SAID LOT B TO THE POINT OF
BEGINNING.
SAID PARCEL CONTAINS 56,257 SQUARE FEET (1.291 ACRES), MORE OR LESS.
LEGAL DESCRIPTION PREPARED BY:
WILLIAM K. WRIGHT, PLS 23529
DREXEL, BARRELL & CO.
1800 38TH STREET
BOULDER, CO 80301
303-442-4338
RIGHT-OF-WAY WELD COUNTY DEPARTMENT
ACQUISITION €73-. Drexel, Barrel! & Co. OF PUBLIC WORKS
1800 98th Street. Boulder, CO 80301 WCR 49 CORRIDOR PROJECT
E°gln°°"/ urveyor, (303) 442-4338 BETWEEN WCR(s)46&48
BETTY L. WRIGHT-GOIN D ;1110-0807
PROJECT NO. SRP-26 SCALE: N/A
aomsr (�) oe,e
WCR 49
WELD COUNTY,COLORADO DATE:10-24-14 DRAWN BY: TLT SHEET: 1 of 2
2015-3707
EXHIBIT-A
II I NW CORNER
■ ■ ■ S7-T4N-R64W
� ■ N 1/4 CORNER
■ S7-T4N-R64W
SECTION LINE
wat 48 N88°44'12"E 124.83' N88°44'12"E 2399.27'
mom ■ ■ ■ ■ ■ ■■mmommom ■ ■ ■ mmmmum■W 48 ■ ■ .... ■ ■ ■
.• • Mil IIMINMERMAIROMIIMMONIONNIMIIMM
Mil
60' ROW COUNTY MAINTAINED I.
RD100/810
S43°24'14"W 98.43' RD.BK.18/PG.492
C&R B-658/P-124 4-11-1925
■ ■ APPROX. ROW LOCATION
BOLLINGER' ■
I L=334.21'
R=15770.00'
6'=01°12'51"
p ■ CH=S01°11'46"E NW 1/4
■ 334.20' S7-T4N-R64W
I ■ -
VARIABLE WIDTH RIGHT-OF-WAY
co ACQUIRED, 56,257 SQ.FT.± OR 1.291 AC.±
o oil:
I Ki
NI o W BETTY L. WRIGHT-GOIN
DUNN ■ 4 LOT B, RECORDED EXEMPTION
3 N M r) °' NO. 1053-07-2-RE-2811
■ N a O -
-in Z
IN N89°24'40"E 20.00' PARCEL #1053-07-0-00-048
O
Z■ RECEPTION #3122751
■ ■
■ ■ M
O
Iid
N EXISTING 40' ROW
w BK 1046/PG 13,
■ O RECP#819293
N 6-7-1939
■ in
Po
PROPERTY LINE
AMEN
'N88°42'38'E 466.73'
6 . NOTE: THIS EXHIBIT MAP DOES
S88 42 38 W 80.00' NOT REPRESENT A MONUMENTED
LAND SURVEY OR LAND SURVEY
IP.O.B. SW COR. LOT B PLAT. IT IS INTENDED TO
■ ILLUSTRATE THE ATTACHED
■ I ARCE & MEZA PROPERTY DESCRIPTION ONLY.
■RIGHT-OF-WAY WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
ACQUISITION €72) Drexel, Barrell & Co.
1800 38th Street Boulder, Co 60901 WCR 49 CORRIDOR PROJECT
wee"/Surveyor. (303) 442-4338 BETWEEN WCR(s)46&48
BETTY L. WRIGHT-GOIN 0 COLORADO moms j f°°i—'�
1a°eo PROJECT NO. SRP-26 SCALE: I"= 150'
WCR 49 4/N GLUM JUILIIM a®ZY Ie7°l■�'
1
WELD COUNTY,COLORADO DATE: 10-24-14 DRAWN BY: TLT SHEET: 2 of 2
EXHIBIT-C
PROPERTY DESCRIPTION
TEMPORARY EASEMENT
A STRIP OF LAND 20.00 FEET IN WIDTH LOCATED IN LOT B, RECORDED EXEMPTION NO.
1053-07-2-RE-2811, A RECORDED EXEMPTION RECORDED UNDER RECEPTION NO. 2817516 OF THE
RECORDS OF WELD COUNTY, COLORADO, LOCATED IN THE NW1/4 OF SECTION 7, T4N, R64W OF
THE 6Th P.M., COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT
TRACT OF LAND AS DESCRIBED IN DEED RECORDED UNDER RECEPTION NO. 3122751 OF THE
RECORDS OF WELD COUNTY, COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT B, THENCE NOO°35'20"W, 824.81 FEET
ALONG THE WEST LINE OF SAID LOT B TO THE SOUTH RIGHT-OF-WAY LINE OF WELD COUNTY
ROAD 48; THENCE N88°44'12"E, 124.83 FEET ALONG THE SOUTH RIGHT-OF-WAY LINE OF SAID
WELD COUNTY ROAD 48 TO THE TRUE POINT OF BEGINNING;
THENCE S43°24'14"W, 98.43 FEET;
THENCE SOUTHERLY, 334.21 FEET ALONG THE ARC A CURVE CONCAVE TO THE WEST TO A POINT
TANGENT, SAID ARC HAVING A RADIUS OF 15,770.00 FEET, A CENTRAL ANGLE OF 01°12'51" AND
BEING SUBTENDED BY A CHORD THAT BEARS S01°11'46"E, 334.20 FEET;
THENCE S00°35'20"E, 169.28 FEET;
THENCE N89°24'40"E, 20.00 FEET;
THENCE SOO°35'20"E, 251.03 FEET TO THE SOUTH LINE OF SAID LOT B;
THENCE N88°42'38"E, 20.00 FEET ALONG THE SOUTH LINE OF SAID LOT B;
THENCE NOO°35'20"W, 270.78 FEET;
THENCE S89°24'40"W, 20.00 FEET;
THENCE NOO°35'20"W, 149.28 FEET TO A POINT OF CURVE TO THE LEFT;
THENCE NORTHERLY, 326.30 FEET ALONG THE ARC OF SAID CURVE, SAID ARC HAVING A RADIUS
OF 15,790.00 FEET, A CENTRAL ANGLE OF 01°11'03" AND BEING SUBTENDED BY A CHORD THAT
BEARS N01°10'52"W, 326.30 FEET;
THENCE N43°24'14"E, 109.87 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF SAID WELD COUNTY
ROAD 48;
THENCE S88°44'12"W, 28.12 FEET ALONG THE SOUTH RIGHT-OF-WAY LINE OF SAID WELD COUNTY
ROAD 48 TO THE TRUE POINT OF BEGINNING.
SAID PARCEL CONTAINS 17,492 SQUARE FEET (0.402 ACRES), MORE OR LESS.
LEGAL DESCRIPTION PREPARED BY:
WILLIAM K. WRIGHT, PLS 23529
DREXEL, BARRELL & CO.
1800 38TH STREET
BOULDER, CO 80301
303-442-4338
TEMPORARY EASEMENT WELD COUNTY DEPARTMENT
ACQUISITION Drexel, Barren & Co. OF PUBLIC WORKS
TE 29 1800 98th Street. Boulder, CO 80901 WCR 49 CORRIDOR PROJECT
Engineers/Surveyore 003) 442-4338 BETWEEN WCR(s)46&48
BETTY L. WRIGHT-GOIN O =moo mow ento GRAND M One)267-18e0 6PROJECT NO. SRP-26 SCALE: N/A
WCR 49 a�cr (a O)2161-0046
WELD COUNTY,COLORADO DATE:10-24-14 DRAWN BY: TLT SHEET: I of 2
EXHIBIT-C
NW CORNER
• 5! 7-T4N-R64W
■ I -N88 4412E 124.83' N 1/4 CORNER
° S7-T4N-R64W
■ -S43°24'14"W 98.43'
T.P.O.B. SECTION LINE
S88°44'12"W 28.12' um
N88°44'12"E 2399.27'
wommonjj. mos iimmismommusim78 IN amannissimmem:::
si
En . no ismiti
60' ROW COUNTY MAINTAINED
RD100/810
N43°24'14"E 109.87'
RD.BK.18/PG.492
■ C&R B-658/P-124 4-11-1925
■ I L=326.30' APPROX. ROW LOCATION
BOLLINGER I • I R=15790.00'
I =01°11'03"
I I CH=N01°10'52"W
326.30'
II
I • 20' TEMPORARY EASEMENT ACQUIRED NW 1/4
S7-T4N-R64W
L=334.21', I ■ I 17,492 SQ.FT.± OR 0.402 AC.±
R=15770.00
A=01°12'51"
CH=S01°11'46"E • a.
334.20' I o Z l
ri I1w
BETTY L. WRIGHT-GOIN
DUNN N• N N N LOT B, RECORDED EXEMPTION
M. Ma' if,) �
MW
' 2 z S89°24'40"W 20.00' NO. 105307-2-RE2811
PARCEL #1053-07-0-00-048
• RECEPTION #3122751
I I .
o
in
N89°24'40"E O o
in
20.00' I N N EXISTING 40' ROW
w 3 BK 1046/PG 13,
■ � - o RECP#819293
,Ni " 6-7-1939
II A• II M
v`I O
V" FA Z PROPERTY LINE
AMEN N88°42'38"E 466.73'
NOTE: THIS EXHIBIT MAP DOES
N88°42'38"E 20.00' NOT REPRESENT A M0NUMENTED
P.O.C. SW COR. LOT B LAND SURVEY OR LAND SURVEY
PLAT. IT IS INTENDED TO
ARCS & MEZA ILLUSTRATE THE ATTACHED
PROPERTY DESCRIPTION ONLY.
•
TEMPORARY EASEMENT WELD COUNTY DEPARTMENT
ACQUISITION
TE-29 Drexel, Harrell & Co. OF PUBLIC WORKS
1800 98th Street, Boulder, Co 80301 WCR 49 CORRIDOR PROJECT
Engineers/Surveyors ( ) 442-4998 BETWEEN WCR(s)46&48
BETTY L. WRIGHT-GOIN m'°,,,, ; °a' PROJECT NO. SRP-26 SCALE: I"= 150'
WCR 49 air (am)sai-0146
WELD COUNTY,COLORADO DATE:10-24-14 DRAWN BY: TLT SHEET: 2 of 2
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