HomeMy WebLinkAbout20153708.tiff RESOLUTION
RE: AUTHORIZE FILING OF PROCEEDINGS IN EMINENT DOMAIN, PURSUANT TO
SECTION 38-1-101, C.R.S., AGAINST ELSIE DALTON AND DONALD MACKEY
r pursuant to
WHEREAS, the Board of County Commissioners of Weld County, Colorado,
Y
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 Elsie Dalton and Donald Mackey, and
WHEREAS, negotiations with Ms. Dalton and Mr. Mackey have included several
communications, including the following:
• Letters to Elsie Dalton from Mitch Hauff, Western States Land Services, dated
11/07/14 and 01/15/15, and
• Letter from Jim Gustafson, attorney for Ms. Wright-Goin, to Mitch Hauff, dated
05/11/15
• Phone calls, emails, and letters between Assistant Weld County Attorney Bob
Choate and Jim Gustafson dated 09/08/15, 09/24/15, 10/13/15, 10/16/15,
10/27/15, 11/06/15, and 11/12/15, and
• Final purchase offer letter to Jim Gustafson from Bob Choate dated 10/15/15, and
WHEREAS, the County and Ms. Dalton and Mr. Mackey 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 Dalton-Mackey 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, Elsie Dalton and Donald Mackey were notified of today's hearing and
appeared through their representative David Wright.
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 Elsie Dalton and Donald
Mackey, in the Weld District Court to acquire the Property described and depicted in the attached
Exhibits A and C.
2015-3708
(,6: (a,, adeh 12/84 EG0072
AUTHORIZE FILING OF PROCEEDINGS IN EMINENT DOMAIN, PURSUANT TO SECTION
38-1-101, C.R.S., AGAINST ELSIE DALTON AND DONALD MACKEY
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
$7,263.00 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 Elsie Dalton and Donald Mackey 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, COLO DO
ATTEST: datif44) W ;vi .Ll� .l�-
bars Kirkmeyer, air
Weld County Clerk to the Board
/ .„,, Mike Freeman, Pro-Tem BY: NDeputy Cle to the Boar i
Sean P. Co - ay
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C•u 'y Attorney 1861 O _
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Date of signature: '-c� °1
2015-3708
EG0072
EXHIBIT-A SW I/4 S7-T4N-R64W
PROPERTY DESCRIPTION
A PARCEL OF LAND, LOCATED IN THE SOUTHWEST ONE-QUARTER OF SECTION 7, TOWNSHIP 4 NORTH,
RANGE 64 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID
PARCEL BEING A PORTION OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE
UNDER RECEPTION NO. 2766286 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 7 FROM WHICH THE WEST ONE-QUARTER
CORNER OF SAID SECTION 7 BEARS NORTH 00'31'48" WEST, A DISTANCE OF 2642.80 FEET, THENCE
ALONG THE SOUTH LINE OF SAID SECTION 7 NORTH 88'39'39" EAST TO THE EAST RIGHT OF WAY
LINE EXTENDED NORTHERLY OF WELD COUNTY ROAD 49 AS DESCRIBED IN THAT DEED FILED IN THE
WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 819293 A DISTANCE OF 40.00
FEET; THENCE ALONG SAID RIGHT-OF-WAY NORTH 00'31'48" WEST, TO A POINT ON THE NORTHERLY
RIGHT-OF-WAY OF WELD COUNTY ROAD 46 A DISTANCE OF 30.00 FEET AND BEING THE POINT OF
BEGINNING.
THENCE CONTINUING ALONG SAID RIGHT-OF-WAY NORTH 00'31'48" WEST TO A POINT ON THE
SOUTH LINE OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER
RECEPTION NO. 3299800 A DISTANCE OF 891.70 FEET;
THENCE NORTH 88'41'25" EAST ALONG SAID SOUTH LINE A DISTANCE OF 60.01 FEET;
THENCE SOUTH 00'31'48" EAST DEPARTING SAID SOUTH LINE A DISTANCE OF 821.66 FEET;
THENCE SOUTH 45'56'04" EAST TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF WELD COUNTY
ROAD 46 A DISTANCE OF 98.30 FEET;
THENCE SOUTH 88'39'39" WEST ALONG SAID RIGHT-OF-WAY A DISTANCE OF 130.01 FEET TO THE
POINT OF BEGINNING.
SAID PARCEL CONTAINS 55,999.70 sf. OR 1.29 ac. MORE OR LESS.
TOGETHER WITH THE EXISTING RIGHT-OF-WAY OF WELD COUNTY ROAD NO. 49 AND NO. 46, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE WESTERLY 40.00 FEET OF THE SOUTHERLY 921.70 FEET OF SAID SECTION 7; AND THE
SOUTHERLY 30.00 FEET OF THE WESTERLY 170.01 FEET OF SAID SECTION 7.
SAID PARCELS CONTAIN 0.94 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
1861 WELD COUNTY DEPARTMENT
RIGHT OF WAY
OF PUBLIC WORKS
ACQUISITION CD ;
r y r". !, WCR 49 CORRIDOR PROJECT
� �� BETWEEN WCR 46&48
DALTON f ;' VI; '•'A
WELD COUNTY,COLORADO ] G O U N T Y --
PROJECT NO: SRP 26 SCALE:
I( DATE: 4-24-15 DRAWN BY:DRH SHEET: 1 of 2
EXHIBIT-A SW I/4 S7-T4N-R64W
•
I
LINE TABLE
HARMON LINE BEARING DISTANCE
RECPt3299800 -J L1 N88'39'39"E 40.00'•Sb' r— a_
L2 NOO'31'48"W 30.00'
L3 N88'41'25"E 60.01'
I L4 S45'56'04"E 98.30'
L5 S88'39'39"W 130.01'
.! L3 PL PL
N-
1 (I
co
N
3I
Mi ELSIE L. DALTON
O LOT B RECORDED EXEMPTION
Z- NO. 1053-3-7 RE4761
PARCEL# 1053-07-3-00-050
JOHNSON i : RECP.#2766286
io
I co
N. N
I F3 °D SW/ 4
w S7-T4h-R64W
' i
:4
M
IM 0
0
•• 0 RIGHT—OF—WAY ACQUIRED
I Z 55,999.70 sf. OR 1.29 ac.±
EXISTING 40' R.O.W.
BK-1046/PG 13 I
RECP#819293
JUNE 7, 1939
I
P.O.B. I L4
L5 N88'39'39"E .. 9 ._ .. -N-.-
_ Li L. SECTION LINE _ ----- _
P.O.C. Ir- EXISTING 6O' R.O.W.
SW CORNER BK-658/PG 6
S7-T4N-R64W FEB. 9, 1918
I I
I I
NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A
MONUMENTED LAND SURVEY OR LAND SURVEY PLAT.
IT IS INTENDED TO ILLUSTRATE THE ATTACHED
PROPERTY DESCRIPTION ONLY.
RIGHT OF WAY WELD COUNTY DEPARTMENT
ACQUISITION /W_) i
1861 OF PUBLIC WORKS
\` r ! I WCR 49 CORRIDOR PROJECT
� �' - i,._l BETWEEN WCR 46&48
DALTON 11 I I' ;
WELD COUNTY,COLORADO ] C O U.N ?Y PROJECT N0: SRP 26 SCALE:I"=200'
DATE: 4-24-15 DRAWN BY:DRH SHEET: 2 of 2
EXHIBIT-C SW 1/4 S7-T4N-R64W
PROPERTY DESCRIPTION
A PARCEL OF LAND, LOCATED IN THE SOUTHWEST ONE-QUARTER OF SECTION 7, TOWNSHIP 4 NORTH,
RANGE 64 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID
PARCEL BEING A PORTION OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE
UNDER RECEPTION NO. 2766286 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 7 FROM WHICH THE WEST ONE-QUARTER
CORNER OF SAID SECTION 7 BEARS NORTH 00'31'48" WEST, A DISTANCE OF 2642.80 FEET; THENCE
NORTH 88'39'39" EAST ALONG THE SOUTH LINE OF SAID SECTION 7 A DISTANCE OF 170.02 FEET;
THENCE NORTH 00'31'48" WEST TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF WELD COUNTY
ROAD 46 A DISTANCE OF 30.00 FEET AND BEING THE POINT OF BEGINNING,
THENCE NORTH 45'56'04" WEST DEPARTING SAID RIGHT-OF-WAY A DISTANCE OF 98.30 FEET;
THENCE NORTH 00'31'48" WEST TO A POINT ON THE SOUTH LINE OF THAT DEED FILED IN THE WELD
COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3299800 A DISTANCE OF 821.66
FEET;
THENCE NORTH 88'41'25" EAST ALONG SAID SOUTH LINE A DISTANCE OF 20.00 FEET;
THENCE SOUTH 00'31'48" EAST DEPARTING SAID SOUTH LINE A DISTANCE OF 813.56 FEET;
THENCE SOUTH 45'56'04" EAST TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF WELD COUNTY
ROAD 46 A DISTANCE OF 109.66 FEET;
THENCE SOUTH 88'39'39" WEST ALONG SAID RIGHT-OF-WAY A DISTANCE OF 28.09 FEET TO THE
POINT OF BEGINNING.
SAID PARCEL CONTAINS 18,431.82 sf. OR 0.42 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
TEMPORARY EASEMENT WELD COUNTY DEPARTMENT
1861 OF PUBLIC WORKS
ACQUISITION TE-21 i
WCR 49 CORRIDOR PROJECT
r ..1 BETWEEN WCR 46&48
DALTON � ' I
WELD COUNTY,COLORADO C O U N T Y = PROJECT NO: SRP 26 (SCALE:
DATE: 4-24-15 DRAWN BY:DRH SHEET: 1 of 2
2015-3708
EXHIBIT-C SW 1/4 S7-T4N-R64W
LINE TABLE
t 1 FIARMON LINE BEARING DISTANCE
I RECP#3299800 a_ L1 N88'39'39"E 170.02'
8'0' r- a L2 N00'31'48"W 30.00'
L3 N45'56'04"W 98.30'
L4 N88'41'25"E 20.00'
L5 S45'56'04"E 109.66'
I mI PL PL L4 L6 S88'39'39"W 28.09'
c.I
iii
-3I
I
N
I
%°- IELSIE L. DALTON
g LOT B RECORDED EXEMPTION
Z- NO. 1053-3-7 RE4761
20' PARCEL# 1053-07-3-00-050
RECP.#2766286
JOHNSON lo
I
1 `° M
Fi °° SW l 4
w S7-T4,A-R64W
co
I I Lco
I o 0
V)
I z 20' TEMPORARY EASEMENT ACQUIRED
' 18,431.82 sf. OR 0.42 ac.±
EXISTING 40' R.O.W. •
BK-1046/PG 13 I
RECP#819293
JUNE 7, 1939
i I
L5
L3
L2 _ N
88_3939 ,2402. 9 ___N__. . _ . . ___N__e-
L1 • • L6 • • • SECTION LINE
P.O.C. P.O.B.
I EXISTING 60' R.O.W.
SW CORNER
BK-658/PG 6
S7-T4N-R64W
FEB. 9, 1918
NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A
MONUMENTED LAND SURVEY OR LAND SURVEY PLAT.
IT IS INTENDED TO ILLUSTRATE THE ATTACHED
PROPERTY DESCRIPTION ONLY.
TEMPORARY EASEMENT WELD COUNTY DEPARTMENT
1861 OF PUBLIC WORKS
ACQUISITION TE-2l i
r� ! . ,� WCR 49 CORRIDOR PROJECT
�I BETWEEN WCR 46&48
DALTON _t;' 11r: ii -',
WELD COUNTY,COLORADO A"_C QU_N T Y PROJECT NO: SRP 26 SCALE:I"=200'
DATE: 4-24-15 DRAWN BY:DRH SHEET: 2 of 2
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