BOCC MEETING TRANSMITTAL

Transcription

1 BOCC MEETING b 2 TRANSMITTAL Submitted By: Lane Thomasson Date Submitted: DivisionElected Office: County Attorney BOCC Meeting Date: Strategic Plan Priority # Discussed with County Manager? Date Discussed: Reviewed by County Attorney? Date Reviewed: Discussed with Commissioners? If so, when? Is a Public Hearing Required? Does this item require a Resolution? Included in Current Budget? - if no, attach a Budget Amendment Annual Expense Annual Revenue Is this a Grant? County's Match Additional Employees Required? If so, how many? Is this subject to annual renewal? Fiscal Rule #: Is this a Bid Award? (If yes, attach bid summary) Purchase Amount Regular Agenda or Consent Agenda? Regular Program is New, Ongoing, or Temporary? New Summary (note this text will be used for the BOCC agenda): Consideration and possible authorization to proceed with improvement and expansion of Spring Canyon Road by replacing an unsafe bridge with a box culvert, and consideration and possible authorization to provide the County Attorney the authority to proceed with negotiations with landowners regarding just compensation for the acquisition pursuant to CRS and initiating eminent domain proceedings as it deems necessary to complete the transaction.

2 RESOLUTION NO MONTROSE COUNTY BOARD OF COUNTY COMMISSIONERS Concerning IMPROVEMENT OF SPRING CANYON ROAD WHEREAS, pursuant to C.R.S and C.R.S (h), the Board of County Commissioners (the "Board") shall approve and designate by written resolution duly adopted by a majority vote of the Board, expansions and improvements of county roads requiring acquisition of additional land by eminent domain; and WHEREAS, the Board hereby determines that Spring Canyon Road located in Montrose County, requires limited expansion for the purpose of replacing a bridge that is no longer safe with a box culvert, that requires an additional acquisition of a very limited amount of private property, amount to.092 of an acre; and WHEREAS, the.092 of an acre that is to be acquired by the County was appraised on February 23'1, 2018 for a value of $500.00; and WHEREAS, in accordance with C.R.S (1) and C.R.S (2)(b), the Board must determine the public purpose for expansion and improvements of Spring Canyon Road. Such expansions and improvements have the public purpose of providing safer access to lands managed by the Bureau of Land Management which abut Spring Canyon Road by replacing an unsafe bridge with a box culvert and widening the road; and WHEREAS, the Board declares that the replacement of the bridge with a box culvert, which requires a very limited expansion of Spring Canyon Road in order to accommodate the necessary box culvert, is necessary for the continued public access and use of this road and finds that such limited acquisition of private property in order to accomplish the bridge replacement with a box culvert is in the public interest; and WHEREAS, the legal descriptions of the Easements required for the Board to accomplish the public purpose are listed below: Access and Culvert Easement: A strip of land 12 feet wide, situated in Section 23, Township 48 rth, Range 10 West, New Mexico P.M., Montrose County, Colorado, being 6 feet each side of the following described centerline: Beginning at a point which bears S70 42' 13"E feet from the rthwest corner of said Section 23; Thence feet along the arc of a curve to the right with a radius of 100 feet, an interior angle of 38 22'31" and a chord of N46 10'53"E, feet; Thence N65 22'08"E feet to a point of termination. Containing Acres more or less as described.

3 rth Culvert Easement: A parcel of land situated in Section 23, Township 48 rth, Range 10 West, New Mexico P.M. and being more particularly described as follows: Beginning at the NW corner of said Section 23; Thence S70 42' 13"E feet to the centerline of the existing access easement; Thence N63 00'23"W 6.00 feet to the True Point of Beginning; Thence N63 00'23"W feet; Thence feet along the arc of a curve to the right with a radius of 120 feet, an interior angle of 38 22'31" and a chord of N46 10'53"E, feet; Thence N65 22'08"E feet; Thence S24 37'52"E feet; Thence S65 22'08"W feet; Thence feet along the arc of a curve to the left with a radius of 106 feet, an interior angle of 38 22'31" and a chord of S46 10'53"W, feet to the True Point of Beginning; Containing Acres or more or less as described. South Culvert Easement: A parcel of land situated in Section 23, Township 48 rth, Range 10 West, New Mexico P.M. and being more particularly described as follows: Beginning at to NW corner of said Section 23; Thence S70 42'13"E feet to the centerline of the existing access easement; Thence S63 00'23"E 6.00 feet to the True Point of Beginning; Thence feet along the arc of a curve to the right with a radius of 94 feet, an interior angle of 38 22'31 - and a chord of N46 10'53"E, feet; Thence N65 22'08"E feet; Thence S24 37'52"E feet; Thence 65 22'08"W feet; Thence feet along the arc of a curve to the left with a radius of 80 feet, an interior angle of 38 22'31" and a chord of S46 10'53"W, feet; Thence N63 00'23"W feet to the True Point of Beginning; Containing Acres more or less as described. Basis of the Bearing: The bearing between the found 3 14" Aluminum Cap at the rthwest Corner of Section 23, Township 48 rth, Range 10 West, N.M.P.M. and the found 3 'A" Aluminum Cap at the rth 14 Corner of said Section 23, bears N87 57'47"E (ASSUMED) WHEREAS, pursuant to C.R.S (1), the Board of County Commissioners shall cause the Director of Public Works in his role as the road supervisor to obtain an appraisal of the land to be condemned, provide the appraisal to the landowners, survey the land to be acquired, and make a written report to the Board of County Commissioners describing the proposed road to be laid out, or changed, and the portions of land of each landowner to be taken for that purpose; and WHEREAS, said report and survey shall be accompanied by a map showing the present and proposed boundaries of the portion for the county road to be established, opened or changed,

4 together with an estimate of the damages and benefits accruing to each landowner whose land may be affected thereby; and WHEREAS, the board must certify the report to the transportation commission and cause a plat to be filed in the office of the county clerk and recorder in a book kept for that purpose; and WHEREAS, the Board shall authorize Montrose County staff to take such action as needed to acquire land to complete the transaction and to negotiate on behalf of the County the just compensation required for acquisition of land needed to accomplish the Board's public purpose. NOW, THEREFORE, BE IT RESOLVED, the Board of County Commissioners of Montrose County, Colorado hereby declares: (1) The very limited expansion and improvements of Spring Canyon Road by replacing an unsafe bridge with a box culvert is necessary to serve the public interest by continuing the availability of access to public lands; and (2) The Director of Public Works is hereby directed and authorized in his role as road supervisor to provide the landowners with an appraisal, survey the land and make written report describing the land to be changed and the landowners affected by such change; and (3) Authorizes Montrose County staff to take such action as necessary to acquire the land needed to complete the expansion and improvements of Spring Canyon Road including negotiating just compensation with the landowners for acquisition, and commencing such legal action as the County Attorney deems necessary to complete the acquisition. This Resolution may be extended, revised, amended or revoked by subsequent resolution prior to its expiration by majority vote of the Montrose County Board of County Commissioners. ADOPTED AND EFFECTIVE this day of, BOARD OF COUNTY COMMISSIONERS, Keith Caddy, Chairman Roger Rash, Vice-Chairman ATTEST: Glen Davis, Commissioner ClerkDeputy Clerk to the Board Date [SEAL]

5 ---- I PLAT OF EASEMENTS SITUATED IN SECTION 23, TOWNSHIP 48 NORTH, RANGE10 WEST, N.M.P.M., COUNTY OF MONTROSE, STATE OF COLORADO fainenisinemmil ACCESS AND GUI VFRT FASEMFNT Strip at lond 12 feet wide. situated in Section 23. Township 48 rth. Rouge 10 West. New Mem. Montrose County. CoforoOa. being 6 feet each wee of The lotiowm, descr,be0 centerline. Beginning of a point which Sears S YE feet Porn the rthwest corner of said Sect., Thence feet crong the arc of a curve to the right with a radius of 100 feet, on interior angler " and A chord of N46' E feet; Thence 96572'08"E feet to o point of termination Containing Acres more a less os deserted NORTH CUIVFRI FASFMFNIT N 03.23: 6...,).. ' 14.00' A parcel of tond situated in Section 23. Township 48 rth, Range 10 West, New Mexico P.M. and b more particularly desert. as follows Beginning of the NW tomer of said Section 23, Thence 570'42'13"E feet to the centerline ol the existing access easement; Thence N6300'23"W 6.00 feet to the True Point of Beginning: Thence 1463'0023"W feet; Thence feet dung the arc of a curve to the right with o radius of 120 feet, an interior angu 38'2731" and a chord at '53"E feet. Thence N65'22'08:I feet: Thence 'E feet; Thane 56522'08"W feet. thence feet long the arc of o curve to the left with co rod,. of 106 feet. on interior angle 38'22'31' and o chord of S46.10'53"Yr feet to the True Point of Beginning. Containing Acres mare or less os deathbed. BASIS OF BEARINGS Nt3r5T4rE S60 SECTION 23 St.. 14 Sea* In feet z, z L ' R ' 0%..!.;---- SO.. "-',.., MO 8.038'22'31" T-34.60' %- CH.N "E ' , '.2.\ $011TH (311 WRT FASFMFNT A Parcel of lane ducted M Section 23. Township 48 rth, Range 10 West. New Mexto PM cad S24'37'52-E 14.00' more partieuforly described as follows - Beginning at the NW corner of said Section 23, Thence 670' E feet to the centerline of the existing access easement: Thence 563'00'23"E 6.00 feet to the True Point of Beginning: Thence feet along the arc of a curve to the right with a radius of 94 feel. on raterior angle 38.22'31" and a Chord of N4610'53-E feet: Thence N "E feet, Thence 524'37'52"E feet, Thence S "W feet. Thence feet olong the arc of a curve to end left with a radius of 80 feet. an intenor angfe 38'22.31" and a chord o' S46"10'53 - W, feet. Thence 14637:10. 23"W feet to the True Point of Beginning; Contcming Acres more Al.ess os desvt. iffig(mostgit The bearing between the found 3 )1" Aluminum Cap at The rthwest Corner of Section 23. Townsf rth, Range 10 West. N.M.P.M. and the found 3 r Aluminum Cop at the rth Y. Corner of said 23, boors N "E (ASSUMED) Off& ineilflkn. The Lineal tint used on that plat is U.S. Survey Feet SURVEYORS CERTIFICATE: LEGEND FD. 3 14" AL CAP 2 12" AL PIPE (BOA) N63'00'231" 14.00',.0.44 Frederick A. Ballard, hereby certify that I orn o Registered Land Surveyor of the State of Colorado. that this map consisting of 1 sheet. correctly represents a survey mode under my supervision, that all monuments shown hereon actually exist and their positions are as shown. This survey does not include easements except those specifically shown hereon. N63'00'23' ' M(29EAMLUEDF 1 CAW. This plot was bled for record In the office of the a. and Recorder of Montrox County of on the day of 20 Reception. County Clerk & Recorder Deputy by EASEMEf EXHIBIT DE(1..,;10,11:, C01.45ULTuANTNINC., Montrose Cott NOTICE: According to Cobrado tow ( CRS) you must commence Qtly legal oction based upon any defect in this survey within three (3) years after you first discover such defect. frt -ner event may orgy Galan based- wparrlany -dehfct- in- this - sarver- becommenced more than ten (10) yeare from the dote of the certincation shown hereon. PINI.VIOSt 1 of1 0 rue _711C EASE 03,0ft Easement