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Home My WebLink About20142753.tiff RESOLUTION RE: AUTHORIZE FILING OF PROCEEDINGS IN EMINENT DOMAIN, PURSUANT TO SECTION 38-1-101, C.R.S., AGAINST CITY AND COUNTY OF BROOMFIELD 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 certain property interests from the City and County of Broomfield related to two Weld County Public Works projects, and WHEREAS, Weld County is in need of acquiring two permanent rights-of-way: 4.746 acres shown as "RW-3" on the Right-of-Way Map (Exhibit A) and described in Exhibit B; and 2.639 acres shown as "RW-4" on the Right-of-Way Map and described in Exhibit C; and two temporary construction easements: 1.385 acres shown as "TCE-3" on the Right-of-Way Map and described in Exhibit D; and 1.247 acres shown as "TCE-4" on the Right-of-Way Map and described in Exhibit E, for the CR 44/49 Intersection Project, and WHEREAS, Weld County is also in need of acquiring 1.3 acres of permanent right-of-way for the CR 49 Corridor Project, as shown and described in Exhibit F, and WHEREAS, based on a fair market valuation conducted by appraisers E. Nelson Bowes and J. Virginia Messick, dated May 19, 2014, Weld County has made a final offer of$55,970.00 for the property interests to be acquired from the City and County of Broomfield related to the CR 44/49 Intersection Project, and WHEREAS, Weld County has made a final offer of$4,225.00 for the property interests to be acquired from the City and County of Broomfield related to the CR 49 Corridor Project, and WHEREAS, negotiations with the City and County of Broomfield have included several verbal (in person and by phone) and written communications between Leon Sievers and Phil Mazur acting on behalf of Weld County Department of Public Works, and David Allen, Director of Public Works for the City and County of Broomfield, including the following: "Notice of Interest to Acquire Property" dated February 20, 2014, "Offer Letter" dated June 26, 2014, "Notice of Interest to Acquire Property and Offer" dated July 28, 2014, and other communications as more fully set forth in the "Final Offer Letter" dated August 14, 2014, and WHEREAS, the City and County of Broomfield indicates that it cannot convey the properties described above without a vote of the people of Broomfield or an action in condemnation by Weld County, and 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 petition in condemnation, pursuant to Section 38-1-101 et. seq., C.R.S., against the City and County of Broomfield, in the Weld District Court to acquire the rights-of-way described in the attached Exhibits B, C, and F, and the temporary construction easements described in the attached Exhibits D and E. CC'CT6lEG)CA (se>Pea aa TR(R-F'51u..) (Fc,LS)ftsit(3113] 2014-2753 q/9 BC0046 AUTHORIZE FILING OF PROCEEDINGS IN EMINENT DOMAIN, PURSUANT TO SECTION 38-1-101, C.R.S., AGAINST CITY AND COUNTY OF BROOMFIELD PAGE 2 BE IT FURTHER RESOLVED by the Board that the acquisition of such rights-of-way and temporary construction easements 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 $60,195.00 into the Registry of the Court for the purpose of acquiring the aforementioned property, as required by law, or if in conjunction with a joint and stipulated motion for immediate possession, payment may be made directly to the City and County of Broomfield 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 8th day of September, A.D., 2014. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: CCam�(( C� �-_ Irk/ Q�,✓i.x�LW✓ C/ G. *> y ��/ �.ugl�as Rad macheryChair Weld County Clerk to the Boar! Iu t133tara Kirkmeyer, Pro-Tem '+��:+• BY: D ty Clerk to he Board r�"iK • ean P. Conway APPR D F • Mlilio Mike Freeman rney / William F. Garcia Date of signature: q-9'/41 2014-2753 BC0046 RW-2 T3 LAND AND INVESTMENT LLC Exhibit A to Resolution De FA REC.NO.3877823 REC.�N Authorizing Condemnation SE1/4 RW-1 Rev SEC 13 SEC 18 T4N, R65W T4N, R641 TE-1 Rev t (UE-1 1 TCE- TCE-1 Rev E-1:l CE- RW UE-2 RECi me • • WORM RW-3 CE CE fCE- CE-4 NW1/4 NE1/4 SEC 19 SEC 24 RW-4 T4N, R64W T4N, R65W RW-3 CITY OF BROOMFIF CITY OF BROOMFIELD REC NO 249039 REC NO.2490390 PARCEL 2 PARCEL 6 CE-4) SW1/4 SEC 19 SE1/4 T4N, R64W SEC 24 CITY OF BROOMFIELD T4N, R65W REC NO.2490390 crCE-3 RW-4 PARCEL 2 CITY OF BROOMFIELD RECORDED EXEMPTION NO REC.NO.2490390 1053-19-3-RE1506 PARCEL 6 ! LOTS REC NO.2337850 2014-2753 Exhibit B to Resolution Authorizing Condemnation Sheet 1 of 3 WELD COUNTY REAL PROPERTY TO BE ACQUIRED Parcel Number:RW-3(EXHIBIT"A") STA.194+17.57 Rt.to STA.215+60.19 Rt. (WCR 44 Align.) STA.-1+61.78 Lt.to STA.37+97.49 Lt. (WCR 49 Align.) FROM City of Broomfield One Descombes Drive Broomfield,CO 80038 FOR Project Code: 19063 Project Number:SHO C030-052 Location:WCR 44&49 Sheet 2 of 3 EXHIBIT"A" PROJECT NUMBER:SHO CO30-052 PARCEL NUMBER:RW-3 PROJECT CODE:19063 DATE:November 9,2013 DESCRIPTION A tract or parcel of land No.RW-3 of the Department of Transportation,State of Colorado, Project Code 19063, Project No.SHO CO30-052,containing 4.746 acres,more or less,in East Half of Section 24,Township 4 North, Range 65 West,of the 6th Principal Meridian,in Weld County,Colorado,also being a part of Parcel 6 as described under Reception Number 2490390,recorded in Weld County Clerk and Recorder's office,said tractor parcel being more particularly described as follows: COMMENCING at the Southeast corner of Section 24,Township 4 North,Range 65 West; Thence North 00°16'01" West along the east line of the Southeast Quarter of Section 24 a distance of 1319.92 feet; Thence South 89°43'59" West a distance of 40.00 feet to a point on the south line of said Parcel 6 and being the TRUE POINT OF BEGINNING; 1. Thence South 89°37'18" West along said south line a distance of 30.00 feet; 2. Thence North 00°16'01"West a distance of 2363.15 feet; 3. Thence North 02°10'34"West a distance of 300.17 feet; • 4. Thence North 00°16'01"West a distance of 1259.23 feet; 5. Thence North 45°11'07"West a distance of 42.49 feet; 6. Thence South 89°53'46"Westa distance of 2072.96 feet to a point on the west line of said Parcel 6; 7. Thence North 00°04'42"East along said west line a distance of 59.98 feet to a point on the north line of the Northeast Quarter of said Section 24; 8. Thence South 88°43'38"East along said north line a distance of 2143.36 feet to a point on the existing west right-of-way line of Weld County Road 49; 9. Thence South 00°16'01" East along said west right-of-way line of Weld County Road 49 a distance of 3960.69 feet to the TRUE POINT OF BEGINNING. The above described parcel contains 206743 sq.ft.or 4.746 acres,more or less. Basis of Bearings: All bearings are based on the east line of the Southeast Quarter of said Section 24 as hearing North 00°16'01" West a distance of 2670.98 feet from the Southeast Corner, a found 2 1/2" aluminum cap illegible, to the East Quarter corner, a found 3 1/4" aluminum cap LS 22098. Sheet 3 of 3 P\ llIlIIRIE@js�rrriri 35593 Fr amnimmot For and on the Behalf of Weld County George A.Robinson,PLS 35593 12640 West Cedar Drive,Suite F Lakewood,CO 80228 Exhibit C to Resolution Authorizing Condemnation Sheet 1 of 2 WELD COUNTY REAL PROPERTY TO BE ACQUIRED Parcel Number:RW-4(EXHIBIT"A") STA.4+22.85 Rt.to STA.37+67.38 Rt.(WCR 49 Align.) FROM City of Broomfield One Descombes Drive Broomfield,CO 80038 FOR Project Code: 19063 Project Number:SHO C030-052 Location:WCR 44&49 • • • Sheet 2 of 2 EXHIBIT"A" PROJECT NUMBER:SHO CO30-052 PARCEL NUMBER:RW-4 PROJECT CODE:19063 DATE:November 9,2013 DESCRIPTION A tract or parcel of land No.RW-4 of the Department of Transportation,State of Colorado, Project Code 19063,Project No.SHO CO30-052,containing 2.639 acres,more or less,in West Half of Section 19,Township 4 North,Range 64 West,of the 6th Principal Meridian,in Weld County,Colorado,also being a part of Parcel 2 as described under Reception Number 2490390,recorded in Weld County Clerk and Recorder's office,said tractor parcel being more particularly described as follows: COMMENCING at the Southwest corner of Section 19,Township 4 North,Range 64 West; Thence North 00°16'01"West along the west line of the Southwest Quarter of Section 19 a distance of 1905.86 feet; Thence North 89°43'59"East a distance of 40.00 feet to a point on the existing east right-of- way line of Weld County Road 49 and being the TRUE POINT OF BEGINNING; 1. Thence North 00°16'01"West along said east right-of-way line a distance of 3344.52 feet to a point on the existing south right-of-way line of Weld County Road 44; 2. Thence North 88°30'40"East along said south right-of-way line a distance of 70.01 feet; 3. Thence South 44°07'20"West a distance of 42.88 feet; 4. Thence South 00°16'01"East a distance of 1238.23 feet; 5. Thence South 01°38'32"West a distance of 300.17 feet; 6. Thence South 00°16'01"East a distance of 1776.53 feet to a point on the south line of said Parcel 2; 7. Thence South 88°32'50" West along said south line a distance of 30.01 feet to the TRUE POINT OF BEGINNING. The above described parcel contains 114967 sq.ft.or 2.639 acres,more or less. Basis of Bearings: All bearings are based on the west line of the Southwest Quarter of said Section 19 as bearing North 00°16'01"West a distance of 2670.98 feet from the Southwest Corner, a found 2 1/2" aluminum cap illegible,to the West Quarter corner,a found 3 1/4" aluminum cap LS 22098. For and on the Behalf of Weld County ?-_ t4 35593 g in. George A.Robinson,PLS 35593 ,12 �' Lakewood,640 Wst Cedar r Drive,Suite F '''� numlml taxS c`� Exaibit D to Reso'wt'on Aut;ncrizing Condemnation Sheet 1 of 3 WELD COUNTY TEMPORARY CONSTRUCTION EASEMENT TO BE ACQUIRED Parcel Number:TCE-3 (EXHIBIT"A") STA. 194+17.25 Rt.to 215+20.29 Rt.(WCR 44 Align.) STA.-1+61.78 Lt to 37+59.23 Lt.(WCR 49 Align.) FROM City of Broomfield One Descombes Drive Broomfield,CO 80038 FOR Project Code: 19063 Project Number:SHO C030-052 Location:WCR 44&49 Sheet 2 of 3 EXHIBIT"A" PROJECT NUMBER:SHO CO3O-052 TEMPORARY CONSTRUCTION EASEMENT NUMBER:TCE-3 PROJECT CODE:19063 DATE:November 9,2013 DESCRIPTION A Temporary Construction Easement No.TCE-3 of the Department of Transportation,State of Colorado,Project Code 19063, Project No.SHO CO30-052,containing 1.385 acres,more or less,in East Half of Section 24,Township 4 North,Range 65 West,of the 6'^Principal Meridian,in Weld County,Colorado,also being a part of Parcel 6 as described under Reception Number 2490390,recorded in Weld County Clerk and Recorder's office,said tract or parcel being more particularly described as follows: COMMENCING at the Southeast corner of Section 24,Township 4 North,Range 65 West; Thence North 00°16'01" West along the east line of the Southeast Quarter of Section 24 a distance of 1319.86 feet; Thence South 89°43'59" West a distance of 70.00 feet to a point on the south line of said Parcel 6 and being the TRUE POINT OF BEGINNING; 1. Thence South 89°37'18" West along said south line a distance of 10.00 feet; 2. Thence North 00°16'01"West a distance of 2363.00 feet; 3. Thence North 02°10'34"Westa distance of 300.17 feet; 4. Thence North 00°16'01"West a distance of 1255.26 feet; 5. Thence North 45°11'07"Westa distance of 34.22 feet; 6. Thence South 89°53'46"West a distance of 2068.85 feet to a point on the west line of said Parcel 6; 7. Thence North 00°04'42"East along said west line a distance of 10.00 feet; 8. Thence North 89°53'46"East a distance of 2072.96 feet; 9. Thence South 45°11'07"Easta distance of 42.49 feet; 10. Thence South 00°16'01"East a distance of 1259.23 feet; 11. Thence South 02°10'34"East a distance of 300.17 feet; 12. Thence South 00°16'01" East a distance of 2363.15 feet to the TRUE POINT OF BEGINNING. The above described parcel contains 60,313 sq.ft.or 1.385 acres,more or less. Basis of Bearings: All bearings are based on the east line of the Southeast Quarter of said Section 24 as bearing North 00°16'01"West a distance of 2670.98 feet from the Southeast Corner, a found 2 1/2" aluminum cap illegible, to the East Quarter corner, a found 3 1/4" aluminum cap LS 22098. Sheet 3 of 3 \hnO\\\\t\1°°RECbbTc"• ult ul For and on the Behalf of Weld County George A.Robinson,PLS 35593 12640 West Cedar Drive,Suite F Lakewood,CO 80228 Exhibit -to Resoirtlon Autnorz:ng Conderination Sheet 1 of 3 WELD COUNTY TEMPORARY CONSTRUCTION EASEMENT TO BE ACQUIRED Parcel Number:TCE-4(EXHIBIT"A") STA.4+22.85 Rt.to STA.37+58.96 Rt.(WCR 49 Align.) STA.217+16.27 Rt.to STA.228+49.88 Rt.(WCR 44 Align.) FROM City of Broomfield One Descombes Drive Broomfield,CO 80038 FOR Project Code:19063 Project Number:SHO C030-052 Location:WCR 44&49 Sheet 2 of 3 EXHIBIT"A" PROJECT NUMBER:SHO CO30-052 TEMPORARY CONSTRUCTION EASEMENT NUMBER:TCE-4 PROJECT CODE: 19063 DATE:November 9,2013 DESCRIPTION A Temporary Construction Easement No.TCE-4 of the Department of Transportation,State of Colorado,Project Code 19063, Project No.SHO CO30-052,containing 1.247 acres,more or less,in West Half of Section 19,Township 4 North,Range 64 West,of the 66^Principal Meridian,in Weld County,Colorado,also being a part of Parcel 2 as described under Reception Number 2490390,recorded in Weld County Clerk and Recorder's office,said tractor parcel being more particularly described as follows: COMMENCING at the Southwest corner of Section 19,Township 4 North,Range 64 West; Thence North 00°16'01"West along the west line of the Southwest Quarter of Section 19 a distance of 1906.48 feet; Thence North 89°43'59" East a distance of 70.00 feet to a point on the south line of said Parcel 2 and being the TRUE POINT OF BEGINNING; 1. Thence North 00°16'01"West a distance of 1776.53 feet; 2. Thence North 01°38'32"East a distance of 300.17 feet; 3. Thence North 00°16'01"West a distance of 1238.23 feet; 4. Thence North 44°07'20"East a distance of 42.88 feet to a point on the existing south right-of-way line of Weld County Road 44; 5. Thence North 88°30'40"East along said south right-of-way line a distance of 1139.48 feet; 6. Thence South 01°29'20"East a distance of 10.00 feet; 7. Thence South 88°30'40"West a distance of 731.44 feet; 8. Thence South 01°29'20"East a distance of 65.00 feet; 9. Thence South 88°30'40"West a distance of 145.00 feet; 10. Thence North 01°29'20"West a distance of 65.00 feet; 11. Thence South 88°30'40"West a distance of 258.95 feet; 12. Thence South 44°07'20"West a distance of 34.72 feet; 13. Thence South 00°16'01"East a distance of 1234.32 feet; 14. Thence South 01°38'32"West a distance of 300.17 feet; 15. Thence South 00°16'01"East a distance of 1776.15 feet to a point on the south line of said Parcel 2; 16. Thence South 88°32'50" West along said south line a distance of 10.00 feet to the TRUE POINT OF BEGINNING. Sheet 3 of 3 The above described parcel contains 54,324 sq.ft.or 1.247 acres,more or less. Basis of Bearings:All bearings are based on the west line of the Southwest Quarter of said Section 19 as bearing North 00°16'01"West a distance of 2670.98 feet from the Southwest Corner,a found 2 1/2" aluminum cap illegible, to the West Quarter corner, a found 3 1/4" aluminum cap LS 22098. a\t%FP4s . > ec; %roIl& 3`�9�ig % sick: >` Ninsimuno For and on the Behalf of Weld County George A.Robinson, PLS 35593 12640 West Cedar Drive,Suite F Lakewood,CO 80228 Exhibit F to Resolution Authorizing Condemnation EXHIBIT-A S19-T4N-R64W PROPERTY DESCRIPTION RIGHT-OF-WAY A PARCEL OF LAND, LOCATED IN THE SOUTHWEST ONE-QUARTER OF SECTION 19, 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. 1053-19-3-RE1506 AND FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2337850 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE EAST 30.00 FEET OF THE WEST 70.00 FEET OF SAID LOT B. SAID PARCEL CONTAINS 55,500.0 sf. OR 1.3 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 AteWELD COUNTY DEPARTMENT ACQUISITION a�86r .. _ OF PUBLIC WORKS WCR 49&44 CITY OF BROOMFIELD INTERSECTION PROJECT LOT B/RL:I506 __ Y PROJECT NO: GR-I3 SCALE: VVCR 49 L. CO_� NT WELD COUNTY,COLORADO I DATE: 7-24-14 DRAWN BY: .IIII3 SHEET: loft EXHIBIT-A S19-T4N-R64W NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE I 1-0-EXISTING 80' ATTACHED PROPERTY DESCRIPTION I ONLY. I RIGHT-OF-WAY I I R __ R II EXISTING 40' RIGHT-OF-WAY II iI ADDITIONAL 30.00' RIGHT-OF-WAY CP' i Ni _Ei ,o ACQUIRED 55,500.0 sf.IT—OGRE-1 OR 1.3 OC.t V,9 gc I i I CITY OF BROOMFIELD \ LOT B/RE-1506 I RECP.# 2337850 N II H I �� u. n;r - ;ar, N. I - ;a cl'' -- k'' II SW CORNER I --_- R/ __. - ---_- '� ---. S19-T4N-R64W WCR 42 RIGHT OF WAY +t WELD COUNTY DEPARTMENT ACQUISITION x` 86 --04 OF PUBLIC WORKS WCR49&44 CITY OF BROOMFIELD �,,,�� INTERSECTION PROJECT LOTR/RF-1506 __ A, PROJECT NO: GR-13 SCALE I"=300 WC'R 49 Z__— U,Ni Ti W['I-D CORN 1Y.COLORADO 1 DATE- 7-24-14 DRAWN BY. MB SHEET- 2 o12 Hello