HomeMy WebLinkAbout20153706.tiff RESOLUTION
RE: AUTHORIZE FILING OF PROCEEDINGS IN EMINENT DOMAIN, PURSUANT TO
SECTION 38-1-101, C.R.S., AGAINST MARK AND AMY FELLINI
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 Mark and Amy Fellini, and
WHEREAS, negotiations with Mr. and Mrs. Fellini have included several communications,
including the following:
• Letters to Amy and Mark Fellini from Mitch Hauff, Western States Land Services,
dated 11/07/14, 12/03/14, 12/31/14, and 05/13/15, and
• Phone calls and emails to Mark Fellini from Assistant Weld County Attorney Bob
Choate, dated 10/21/15, and 11/13/15, and
• Final purchase offer letter to Mark Fellini from Bob Choate dated 10/29/15, and
WHEREAS, the County and Mr. and Mrs. Fellini 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 Fellini 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, Mark and Amy Fellini 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 Mark and Amy Fellini,
in the Weld District Court to acquire the property described and depicted in the attached
Exhibits A and C.
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.
2015-3706
Roe6:ea. _, Jet+ /-21a, EG0072
AUTHORIZE FILING OF PROCEEDINGS IN EMINENT DOMAIN, PURSUANT TO SECTION
38-1-101, C.R.S., AGAINST MARK AND AMY FELLINI
PAGE 2
h the Controller shall cause to be paid
BE IT FURTHER RESOLVED by the Board that
$8,815.00 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 Mark and Amy Fellini 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, COL RADO
ATTEST: tedoXL;el
r ara Kirkmeyer, air
Weld Cou ty Clerk to the Board
Mike Freeman, Pro-Tem
BY:
Deputy Cle to the Boar J 1
p Y
Sean P. Conway
��ifi
Imo, / t
'j `Julie Cozad
ty ttorney 1161 u►.,,
J. - rr♦
taus Moreno
Date of signature:
2015-3706
EG0072
EXHIBIT-A PHS-1/MILE-5
RIGHT-OF-WAY
A PARCEL OF LAND, LOCATED IN THE NORTHWEST 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 LOT-B OF RECORDED EXEMPTION NO. 1053-07-2-RE2436 FILED IN
THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2706693 AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
THE WEST 80.00 FEET OF SAID LOT-B.
SAID PARCEL CONTAINS 71,315.33 sf.± OR 1.64 ac. MORE OR LESS.
TOGETHER WITH EXISTING WELD COUNTY ROAD 49 RIGHT-OF-WAY WHICH LIES IMMEDIATELY ADJACENT
TO BOTH LOTS A & B OF SAID RECORDED EXEMPTION NO. 2436 CONTAINING 1.2 ac.±
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 ... .11.6_14d. WELD COUNTY DEPARTMENT
ACQUISITION OF PUBLIC WORKS
�� WCR 49 CORRIDOR PROJECT
FELLINI r
BETWEEN WCR 46& WCR 48
� PROJECT NO: SRP-26 SCALE:
WCR49 I_CO UN T,
WELD COUNTY,COLORADO DATE: 5-7-15 BY: JHB SHEET: I oft
2015-3706
EXHIBIT-A PHS-1/MILE-5
NW COR I •
• N88'42'38E ARCE/MEZA G[ IGHT-
S7-T4N-R64WOIN
' 80.00' D
'L
FURNEY
NW 1/4
S7-T4N-R64W
WCR 49 EXISTING I' /1
40' R.O.W.
BK.1046/PG.13
RECP.#819293 ' 40' 0'
6-7-1939
I ADDITIONAL 80' RIGHT—OF—WAY
ACQUIRED 71,315.33 sf.± OR 1.64 ac.±
NE 1/4 I '
S12-T4N-R65W
I
MARK & AMY FELLINI
PARC.#105307000039
105307000039
S'
RECP.#3572635
.
SCHMERGE I LOT B/RE-2436
RECP.#2706693
.
.
iiiI It ' ' '
q
•
. Ti.
N•
o NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT
I p
A MONUMENTED LAND SURVEY OR LAND SURVEY
M PLAT. IT IS INTENDED TO ILLUSTRATE THE
WOJCIESZAK o
IZ ATTACHED PROPERTY DESCRIPTION ONLY.
. R
W 1/4 COR S88'41'04"W
S7-T4N-R64W 80.00' COLBURN
• V/ /J LOT A/RE-2436
RIGHT OF WAY 1861 WELD COUNTY DEPARTMENT
ACQUISITION OF PUBLIC WORKS
4:2)
' r.! = Pi, WCR 49 CORRIDOR PROJECT
I En 1 BETWEEN WCR 46&WCR 48
FELLINI ----'-ii Li V 1 M
WCR 49 ] G Ll T Y - PROJECT NO: SRP-26 SCALE: 1"=100
WELD COUNTY,COLORADO DATE: 5-7-15 BY: JHB SHEET: 2 of 2
EXHIBIT-C PHS-1/MILE-5
TEMPORARY EASEMENT
A PARCEL OF LAND, LOCATED IN THE NORTHWEST ONE-QUARTER
QU RTER 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 LOT-B OF RECORDED EXEMPTION NO. 1053-07-2-RE2436 FILED IN
THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2706693 AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
THE EAST 20.00 FEET OF THE WEST 100.00 FEET OF SAID LOT-B.
SAID PARCEL CONTAINS 17,828.36 sf.± OR 0.41 cc. MORE OR LESS.
TOGETHER WITH EXISTING WELD COUNTY ROAD 49 RIGHT-OF-WAY WHICH LIES IMMEDIATELY ADJACENT
TO BOTH LOTS A & B OF SAID RECORDED EXEMPTION NO. 2436 CONTAINING 1.2 ac.±
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 •�' , ,86 WELD COUNTY DEPARTMENT
ACQUISITION OF PUBLIC WORKS
® I r, WCR 49 CORRIDOR PROJECT
li)
BETWEEN WCR 46&WCR 48
FELLINI A ;! L
WCR 49 ] G O U N T Y - PROJECT NO: SRP-26 SCALE:
WELD COUNTY,COLORADO DATE: 5-7-15 BY: JHB SHEET: 1 of 2
EXHIBIT-C PHS-1/MILE-5
NW COR I WRIGHT-
S7-T4N-R64W ' N88'42'38"E ARCE/MEZA
GOIN
I20.00'
FURNEY
I I I NW 1/4
1
S7-T4N-R64W
WCR 49 EXISTING '
40' R.O.W. I I • ,
BK.1046/PG.13 :
RECP.#819293 :. 4O'�I_40'x.
6-7-1939 I
NE 1/4 I MARK & AMY FELLINI
S12-14N-R65W PARC.#105307000039
' I °0 RECP.#3572635
I 3
0 °1 - LOT B/RE-2436
' O) RECP.#2706693
SCHMERGE I a O N
N
1
I V- O O
0 Z N
o
a 20' TEMPORARY EASEMENT ACQUIRED
' ' 17,828.36 sf.± OR 0.41 ac.±
�p I...„,.....,..i
oi
N I i
3
' b
N
MI
WOJCIESZAK : z1
R.
W 1/4 COR 'COLBURN
I S88'41'04"W
S7-T4N-R64W 20.00' NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT
I i A MONUMENTED LAND SURVEY OR LAND SURVEY
I
PLAT. IT IS INTENDED TO ILLUSTRATE THE
ATTACHED PROPERTY DESCRIPTION ONLY.
86� WELD COUNTY DEPARTMENT
TEMPORARY EASEMENT
ACQUISITION TE-27 ` , - OF PUBLIC WORKS
t I (rl�! - p1 WCR 49 CORRIDOR PROJECT
FELLINI - • .
BETWEEN WCR 46&WCR 48
WCR 49 ]' Ll�N T.. - PROJECT NO: SRP-26 SCALE: I"=100
CO
WELD COUNTY,COLORADO DATE: 5-7-15 BY: JHB SHEET: 2 of
Hello