Ed Peterson Lakewood, District 2 THE CHAIRWO MAN MAY … · Stockinger) 4:15 p.m. 2045 ... TE‐18 Joan R. Javornik $200.00 CECE ... TE‐25 John R. Purdy & Julia V. Zane $200.00

Transportation Commission October 18 & 19, 2017

Meeting Schedule & Agenda 4201 East Arkansas Avenue

Denver, Colorado 80222

Sidny Zink, Chairwoman Durango, District 8

Shannon Gifford – Vice Chair Denver, District 1

Ed Peterson Lakewood, District 2

Luella D’Angelo Lone Tree, District 3

Karen Stuart Broomfield, District 4

Kathleen Gilliland Livermore, District 5

Kathy Connell Steamboat Springs, District 6

Kathy Hall Grand Junction, District 7

Rocky Scott Colorado Springs, District 9

William Thiebaut Pueblo, District 10 Steven Hofmeister

Haxtun, District 11

THE CHAIRWOMAN MAY ALTER THE ITEM SEQUENCE OR TIMES

The times indicated for each topic on the Commission agenda are an estimate and subject to change. Generally, upon the completion of each agenda item, the Commission will immediately move to the next item. However, the order of agenda items is tentative and, when necessary to accommodate the public or the Commission's schedules, the order of the agenda items is also subject to change.

Documents are posted at http://www.coloradodot.info/about/transportation-commission/meeting-agenda.html no less than 24 hours prior to the meeting. The documents are considered to be in draft form and for information only until final action is taken by the Commission.

Unless otherwise noted, all meetings are in CDOT HQ Auditorium.

TRANSPORTATION COMMISSION WORKSHOPS

Wednesday, October 18, 2017

11:30 a.m. HPTE Board Meeting [Call to Order in Room 225]

12:00 p.m. Commission Lunch [Commission Conference Room]

12:20 p.m. HPTE Board Break

12:30 p.m. HPTE Board Meeting [Reconvenes in Auditorium]

12:45 p.m. Audit Review Committee (Room 262)

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1:30 p.m. TC/HPTE/Bridge Enterprise Joint Executive Session: Central 70 Briefing (David Spector, Tony DeVito, Brent Butzin)

2:00 p.m. Right of Way Workshop (Josh Laipply)

2:15 p.m. RoadX – Continue Panasonic Partnership (Peter Kozinski & Amy Ford)

2:45 p.m. Reprogramming Annual Transit Funds (Mark Imhoff)

3:15 p.m. Budget Workshop (Louie Barela and Michael Krochalis)

3:45 p.m. SB267 Approach/INFRA Grants (Deb Perkins-Smith and Herman Stockinger)

4:15 p.m. 2045 Revenue Projections (Deb Perkins-Smith)

4:45 p.m. Adjournment

TRANSPORTATION COMMISSION MEETING

Thursday, October 19, 2017

8:00 a.m. Breakfast Meeting [Room 262]

9:30 a.m. 1. Call to Order, Roll Call

9:35 a.m. 2. Audience Participation; Subject Limit:10 minutes; Time Limit: 3 minutes

9:40 a.m. 3. Comments of Individual Commissioners

9:45 a.m. 4. Executive Director’s Report (Shailen Bhatt)

9:50 a.m. 5. Chief Engineer’s Report (Josh Laipply)

9:55 a.m. 6. HPTE Director’s Report (David Spector)

10:00 a.m. 7. FHWA Division Administrator Report (John Cater)

10:05 a.m. 8. STAC Report (Vincent Rogalski)

10:10 a.m. 9. Act on Consent Agenda

a) Resolution to Approve the Regular Meeting Minutes of September21, 2017 (Herman Stockinger)

b) FTA Grant Authority Designation (Mark Imhoff)

c) Senate Bill 37 Annual Rail Report to the State Legislature (MarkImhoff

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d) Approve Updated PD 2.0 "CDOT Values" (Herman Stockinger)

e) Repeal PD 1006.0 “Adopt a Highway Program”

10:15 a.m. 10. Discuss and Act on the 4th Budget Supplement of FY 2018 (Michael Krochalis)

10:20 a.m. 11. Discuss and Act on ROW Acquisition Authorization Requests (Josh Laipply)

10:25 a.m. 13. Discuss and Act on ROW Condemnation Authorization Requests (Josh Laipply)

10:30 a.m. 14. Discuss and Act on updates to Policy Directive (PD) 14 (Jeff Sudmeier)

10:35 a.m. 15. Approve Request for Administrative Appeal Hearing on Access Permit Denial (Herman Stockinger - Alex Karami, Tim Bilobran)

10:40 a.m. 16. Discuss and Act INFRA grant projects (Jeff Sudmeier)

10:45 a.m. 17. Recognitions

10:50 a.m. 18. Other Matters

10:55 a.m. 19. Adjournment

The Bridge Enterprise Board of Directors meeting will begin immediately following the adjournment of the Transportation Commission Meeting. Estimated Start Time: 10:55 a.m.

BRIDGE ENTERPRISE BOARD OF DIRECTORS 10:55 a.m. 1. Call to Order and Roll Call

2. Audience Participation• Subject Limit: 10 minutes; Time Limit: 3 minutes

3. Act on Consent Agenda

a) Resolution to Approve Regular Minutes from September 21, 2017(Herman Stockinger)

4. Discuss and Act on 4th Bridge Enterprise Budget Supplement ofFY ‘18 (Michael Krochalis)

5. Discuss and Act on Resolution to Approve the Amended and RestatedBylaws (Kathy Young)

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Page 5

Page 37

6. Adjournment

Committee Meetings will take place in the Auditorium unless otherwise noted.

11:00 a.m. Housing Committee (To begin immediately after BE meeting)

Information Only Items:

a) Transit and Intermodal Quarterly Reports: Bustang Report, Transit Grants,SB228 Year 1 Report and Year 2 Status (Mark Imhoff)

b) PMO memo

c) Cash Balance Memo

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Transportation Commission District

Project Name Project # Project Code Parcel # Property Owner(s) Valuation Amount

Chief Engineer's Cost Estimate (CECE),

Appraisal (A) or Waiver Valuation (WV)

TC Acquisition Resolution Number

(If Applicable)

RW‐1, RW‐1A Denver Lumber Company $16,100.00 CECE

TE‐2 Thomas C. and Susan J. Fry $200.00 CECE

TE‐3 2555 S. Sante Fe LLC $1,600.00 CECE

TE‐4, TE‐4A Industrial Partners, LLC $1,490.00 CECE

RW‐5 Rose E. Snyder $10,050.00 CECE

$29,440.00

PE‐84A, PE‐84B ALDP‐W&J, LLC $16,150.00 CECE

PE‐93Pacific Resources Associates LLC, a Delaware

limited liability company$1,250.00 CECE

PE‐94A, PE‐94B7667 West Jewell, LLC, a Colorado limited

liability company$4,450.00 CECE

PE‐98 Bobak Professional Building, LLC $500.00 CECE

PE‐120 MRJ, LLC, a Colorado limited liability company $680.00 CECE

PE‐127A.B. & H., LLC, a Colorado limited liability

company$1,700.00 CECE

TE‐142H.F.C. Lakewood L.L.C., a Colorado limited

liability company$200.00 CECE

TE‐143 Raul Aldrete and Sandra Aldrete $200.00 CECETE‐150 MKDS Enterprises, LLC $290.00 CECE

PE‐188Belmar Directors Parcels, L.P., a Deleware

limited partnership$2,850.00 CECE

TE‐213Fairfield Commons Station LLC c/o Phillips

Edison & Company$200.00 CECE

$28,470.00

Post‐Amerco Real Property Acquisitions ‐ Transportation Commission Tracking ‐ October 19th, 2017

Acquisition Authorization Requests

Region 1 ‐Acquisition Authorization Request

Total Cost Estimate for Project:

September 7, 2017

September 7, 2017

September 7, 2017

September 7, 2017

Date of Valuation

September 25, 2017

September 25, 2017

September 25, 2017

September 7, 2017

September 25, 2017

September 25, 2017

September 25, 2017

September 25, 2017

September 25, 2017

September 25, 2017

September 25, 2017

September 25, 2017


1Sante Fe ‐ Resurfacing Hampden to Florida

NHPP 0852‐110

20473

2Wadsworth ‐ Resurfacing

Hampden to 6thFSA 1211‐085 20322

Last Updated 10/6/2017 10:30 AMPage 1 of 4

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(If Applicable)

TE‐1 Pueblo County $200.00 CECETE‐2 Urban Renewal Authority of Pueblo $200.00 CECE

RW‐3, TE‐3 Judith H. Patti $700.00 CECETE‐4 Santa FE 250, LLC $200.00 CECETE‐7 DMSJ Investments, Inc. $200.00 CECETE‐8 United Rentals Northwest, Inc. $200.00 CECERW‐9 United Rentals Northwest, Inc. $1,200.00 CECETE‐10 Raymond Orcutt $200.00 CECETE‐11 Pueblo Santa FE Retail, LP $200.00 CECETE‐12 First National Bank of Fowler $690.00 CECERW‐13 SS Multi Tenant, LLC $500.00 CECE

RW‐14, TE‐14 Blende Dollar, LLC $700.00 CECETE‐15 Charlotte M. & John J. Cernac $200.00 CECE

RW‐16, TE‐16 Alan Bickel $700.00 CECETE‐17 FJF LLC $200.00 CECETE‐18 Joan R. Javornik $200.00 CECE

TE‐19Elaine S. De Luca/Floyd J. De Luca/Diana

Armstrong Life Estate$200.00 CECE

TE‐20 Epifanio M. Martinez, Jr. $200.00 CECETE‐21 Jose Espana & Gloria Perez $200.00 CECETE‐22 Phil S. Prutch $200.00 CECETE‐23 Phil S. Prutch $200.00 CECETE‐24 Heather P. Firestone $200.00 CECETE‐25 John R. Purdy & Julia V. Zane $200.00 CECEPE‐26 Richard L. Springfield/Loaf 'N Jug $3,980.00 CECEPE‐27 MVC Properties, LLC $3,520.00 CECEPE‐28 Richard L. Springfield/Loaf 'N Jug $690.00 CECEPE‐29 2648 Santa Fe Drive, LLC $2,810.00 CECETE‐30 Richard D. & Lisa A. Williams $200.00 CECETE‐31 Paul & Katie Cordova $200.00 CECERW‐32 R + R Partnership $500.00 CECE

$19,790.00


September 25, 2017

September 25, 2017September 25, 2017September 25, 2017September 25, 2017September 25, 2017

September 25, 2017

September 25, 2017September 25, 2017September 25, 2017September 25, 2017

September 25, 2017

September 25, 2017

September 25, 2017September 25, 2017September 25, 2017September 25, 2017September 25, 2017

Region 2 ‐ Acquisition Authorization Request

September 25, 2017


September 25, 2017September 25, 2017September 25, 2017

September 25, 2017


September 25, 2017September 25, 2017

September 25, 2017September 25, 2017

Date of Valuation


10US 50‐C overlay (4th to

Baxter)STA 050A‐028 20751


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(If Applicable)

PE‐1 William H. Rose, heirs $500.00 CECETE‐1 William H. Rose, heirs $240.00 CECEPE‐2 City of Craig $500.00 CECETE‐2 City of Craig $200.00 CECETE‐4 City of Craig $3,650.00 CECEPE‐3 Emilyn L Young, heirs $1,100.00 CECEPE‐3A Emilyn L Young, heirs $980.00 CECE

$7,170.00



Region 3 ‐ Acquisition Authorization Request



Date of Valuation

September 25, 2017


6 US 40 Craig East BPMNHPP 0402‐

09020753


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Resolution# TC-17·10-[ ] Rl US 85 - Santa Fe from Hampden to Florida Project, NHPP 0852-110, Project Code 20473

Authorizing the Chief Engineer to negotiate with the landowner(s) of the properties specified below.

Approved by the Transportation Commission on ______ _, 2017.

WHEREAS, the Transportation Commission is authorized pursuant to Section 43-1-106(8), C.R.S. to formulate the general policy with respect to management, construction and maintenance of public highways and other transportation systems in the state and to promulgate and adopt all budgets of CDOT; and

WHEREAS, pursuant to Colorado law at Section 43-1-208, C.R.S., the Colorado General Assembly has conferred the power of eminent domain upon the Transportation Commission to acquire private property necessary for state highways purposes; and

WHEREAS, on September 26, 2016 the Colorado Supreme Court announced its decision in Department of Transportation v. Amerco Real Estate Company; U-Haul Company of Colorado; etal,2016SA75;and

WHEREAS, the Amerco Real Estate Company opinion held that the Transportation Commission must decide that the public interest or convenience will be served by a proposed alteration of a state highway and that the Commission's decision must be made in consideration of the portions of land of each landowner to be taken and an estimate of the damages and benefits accruing to each landowner; and

WHEREAS, the Amerco Real Estate Company opinion also held that the Transportation Commission is authorized to either direct the Chief Engineer to make tender to a landowner or the Transportation Commission can proceed in the acquisition of private lands for state highway purposes, according to articles 1 to 7 of title 38, C.R.S., without tender to the landowner; and

WHEREAS, COOT seeks to acquire properties, for the US 85 - Santa Fe from Hampden to Florida Project, Project Number NHPP 0852-110, Project Code 20473 ("Project").

WHEREAS, COOT may negotiate with the property owners as specified in the attached Chief Engineer's Cost Estimate.

WHEREAS, COOT seeks to acquire multiple properties, as specified in the attached Chief Engineer's Estimate for the Project ("Properties"). The Chief Engineer's Estimate specifies the landowners, property locations, proposed size of the acquisitions, and the estimated damages and benefits, if any, to the properties; and

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WHEREAS, the Properties may include buildings, structures, or other improvements on the real Properties and may also include tenant-owned improvements, personal property, and other real estate; and

WHEREAS, the Transportation Commission acknowledges that it has reviewed the written report of the Chief Engineer, which included all information and documents required pursuant to Section 43-1-208(1), in relation to the Project and the Properties; and

WHEREAS, after reviewing the Chief Engineer's written report regarding Project and the Properties, the Transportation Commission has determined that the proposed changes to U.S. Highway 85 will serve the public interest and/or convenience of the traveling public and that acquisition of the Properties described in the report will serve the purpose(s) of the Project; and

WHEREAS, the Transportation Commission also approves the Chief Engineer's Cost Estimate of damages and benefits, if any, set forth in his written report.

NOW THEREFORE BE IT RESOLVED, the Transportation Commission hereby declares that the public interest and/or convenience will be served by the proposed changes to U.S. Highway 85 by virtue of the US 85 - Santa Fe from Hampden to Florida Project, Project Number NHPP 0852-110, Project Code 20473, parcels RW-1, RW·lA, TE-2, TE-3, TE-4, TE-4A and RW-5, and authorizes the COOT staff to negotiate with the landowner(s) of the Properties the amount of estimated damages, as estimated by the Chief Engineer. If COOT and a landowner reach a settlement amount that requires approval by the Regional Transportation Director and the Chief Engineer, as set forth in the COOT Right-of-Way Manual, then the settlement amount is subject to Transportation Commission approval. If acquisition of the Properties requires acquisition of buildings, structures, or improvements on real property as well as acquisition of tenant-owned improvements both real and personal property, or other real estate, the Transportation Commission authorizes CDOT to negotiate for the acquisition of those items if necessary. At this time, the Transportation Commission does not authorize COOT to initiate and conduct condemnation proceedings pursuant to Sections 38-1-101 et seq. CDOT shall seek separate approval from the Transportation Commission in order to initiate and conduct condemnation proceedings.

Herman Stockinger, Secretary Transportation Commission of Colorado

Date

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COLORADO Department of Transportation Office of the Chier Engineer

4201 East Arkansas Ave, Suite 262 Denver, CO 80222

MEMORANDUM

TO: TRANSPORTATION COMMISSION

FROM:

DATE:

SUBJECT:

Background

JOSH LAIPPLY, CHIEF ENGINEER ~/J/J I w~~ fJ.owj October 5, 2017

REPORT PURSUANT TO COLORADO REVISED STATUTES, §43-1-208 REGARDING PROJECT NUMBER NHPP 0852-110, 20473, SANTA FE DR. FROM HAMPDEN TO FLORIDA, SEEKING APPROVAL TO NEGOTIATE WITH LANDOWNERS

This written report to the Transportation Commission is pursuant to Colorado Revised Statutes ("C.R.S."}, Section 43·1-208(1). I deem it desirable to resurface Santa Fe Drive (US 85) from Hampden Avenue to Florida Avenue.

If the Transportation Commission determines that the proposed changes will serve the public interest and/or convenience of the traveling public, I respectfully request that the Transportation Commission enter a resolution upon its minutes, approve the same, and authorize CDOT to negotiate with the landowners for the Properties.

Description of Portion of Highway to be Changed and Proposed Changes

The Santa Fe Drive (US 85) from Hampden Avenue to Florida Avenue ("Project") is necessary for resurfacing Santa Fe Drive (US 85) and updating ADA ramps and sidewalks. This will improve safety and mobility and improve connectivity for the community and is therefore, desirable.

Description of Property/Properties Needed for Project and Estimate of Property Value(s), Damages and Benefits (if any)

The following is a list of the parcels required and a description of each parcel's purpose for the Project.

The Cost Estimate approved by Nancy Terry, Region 1 Right-of-Way Manager, attached to this report, individually lists the estimate of land acquisition costs, property value, and/or damages for each of the Properties required for this Project. The estimated property value along with any damages or benefits, if any, are also described below. In my opinion, the Cost

Page 1 of 3

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Estimate represents a reasonable budget of the property value, damages, and/or benefits, if any, related to the Property.

The monetary estimates provided below are for budgetary purposes only, and are subject to change. I anticipate that this figure will increase or decrease as the Department obtains additional information about the acquisition and the Property, as appraisals are considered and evaluated, and as litigation expenses and risks are considered. If necessary, CDOT will seek additional approval from the Transportation Commission to condemn the property listed below. If CDOT reaches an agreement before COOT seeks Transportation Commission approval of condemnation, COOT will re-submit the final settlement for Transportation Commission approval.

There are four temporary easements and three fee simple acquisitions necessary for the completion of the project.

1. Address: 1580 S Santa Fe Dr., Denver, CO 80223 Landowner's Name: Denver Lumber Company Current Size of Property: Proposed Size of Acquisition: RW-1 = 105 SF

RW-1A = 698 SF Purpose of Parcels Necessary for Project:

• RW-1 and RW-1A: For construction of ADA ramps and sidewalks, three year term

• Estimated Property Value, Damages and Benefits (if any): $16, 100.00 Method to Determine Property Value, Damages and Benefits (if any): Estimate based on comparable sales of similar properties near the location of the property, with consideration to potential damages

2. Address: 2485 S Santa Fe Dr., Denver, CO 80223 Landowner's Name: Thomas C. and Susan J. Fry Current Size of Property: Proposed Size of Acquisition: 33 SF Purpose of Parcels Necessary for Project:

• TE-2: For construction of ADA ramps and sidewalks, three year term • Estimated Property Value, Damages and Benefits (if any): $200.00

Method to Determine Property Value, Damages and Benefits (if any): Estimate based on comparable sales of similar properties near the location of the property, with consideration to potential damages

3. Address: 2555 S Santa Fe Dr., Denver, CO 80223 Landowner's Name: 2555 S. Santa Fe LLC Current Size of Property: Proposed Size of Acquisition: 266 SF Purpose of Parcels Necessary for Project:

• TE-3: For construction of ADA ramps and sidewalks, three year term • Estimated Property Value, Damages and Benefits (if any): $1600.00

Page 2 of 3

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4. Address: 2625 S Santa Fe Dr., Denver, CO 80223 Landowner's Name: Industrial Partners, LLC Current Size of Property: Proposed Size of Acquisition: 122 SF and 124 SF Purpose of Parcels Necessary for Project:

• TE-4 and TE-4A: For construction of ADA ramps and sidewalks, three year term

• Estimated Property Value, Damages and Benefits (if any): $1 ,490.00 Method to Determine Property Value, Damages and Benefits (if any): Estimate based on comparable sales of similar properties near the location of the property, with consideration to potential damages

5. Address: 1801 S Santa Fe Dr., Denver, CO 80223 Landowner's Name: Rose E. Snyder Current Size of Property: Proposed Size of Acquisition: 502 SF Purpose of Parcels Necessary for Project:

• RW-5: for construction of ADA ramps and sidewalks, three year term • Estimated Property Value, Damages and Benefits (if any): $10,050.00


Attachments Right-of-Way Plans Chief Engineer's Cost Estimate Proposed Resolution Legal Descriptions

Page 3 of 3

https://www.codot.gov/about/transportation-commission/current-agenda-and-supporting-documents/a-20473-acq-packet-w-exbts.pdf

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Resolution# TC-17-10-[ ] Rl SH 121 (Wadsworth Boulevard): Hampden Ave to 6th Avenue Project, FSA 1211-085, Project Code 20322








WHEREAS, COOT seeks to acquire properties, for the SH 121 (Wadsworth Boulevard): Hampden Ave to 6th Avenue Project, Project Number FSA 1211-085, Project Code 20322 ("Project").

WHEREAS, COOT may negotiate with the property owners as specified in the attached Chief Engineer's Cost Estimate.


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WHEREAS, after reviewing the Chief Engineer's written report regarding Project and the Properties, the Transportation Commission has determined that the proposed changes to State Highway 121 will serve the public interest and/or convenience of the traveling public and that acquisition of the Properties described in the report will serve the purpose(s} of the Project; and


NOW THEREFORE BE IT RESOLVED, the Transportation Commission hereby declares that the public interest and/or convenience will be served by the proposed changes to State Highway 121 by virtue of the SH 121 (Wadsworth Boulevard): Hampden Ave to 6th Avenue Project, Project Number FSA 1211-085, Project Code 20322, parcels PE-84A, PE-848, PE-93, PE-94A, PE-948, PE-98, PE-120, PE-127, TE-142, TE-143, TE-150. PE-188, and TE-213, and authorizes the CDOT staff to negotiate with the landowner(s) of the Properties the amount of estimated damages, as estimated by the Chief Engineer. If COOT and a landowner reach a settlement amount that requires approval by the Regional Transportation Director and the Chief Engineer, as set forth in the COOT Right-of-Way Manual, then the settlement amount is subject to Transportation Commission approval. If acquisition of the Properties requires acquisition of buildings, structures, or improvements on real property as well as acquisition of tenant-owned improvements both real and personal property, or other real estate, the Transportation Commission authorizes COOT to negotiate for the acquisition of those items if necessary. At this time, the Transportation Commission does not authorize CDOT to initiate and conduct condemnation proceedings pursuant to Sections 38-1-101 et seq. CDOT shall seek separate approval from the Transportation Commission in order to initiate and conduct condemnation proceedings.


Date

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TO:

FROM:

DATE:

SUBJECT:

Background

COLORADO Department of Transportation Office of the Chief Engineer


MEMORANDUM

TRANSPORTATION COMMISSION

JOSH LAIPPLY, CHIEF ENGINEER #4, J L,if~

October 5, 2017

REPORT PURSUANT TO COLORADO REVISED STATUTES, §43-1-208 REGARDING PROJECT NUMBER FSA 1211-085, 20322, WADSWORTH BLVD, (SH 121 ). BETWEEN HAMPDEN AVE. (US 285) AND 6TH AVE. (US 6), SEEKING APPROVAL TO NEGOTIATE WITH LANDOWNERS

This written report to the Transportation Commission is pursuant to Colorado Revised Statutes ("C.R.S.''), Section 43-1-208(1). I deem it desirable to resurface Wadsworth Boulevard (SH 121) from Hampden Avenue to 6™ Avenue.

If the Transportation Commission determines that the proposed changes will serve the public interest and/or convenience of the traveling public, I respectfully request that the Transportation Commission enter a resolution upon its minutes, approve the same, and authorize CDOT to negotiate with the landowners for the Properties.


The Wadsworth Blvd, (SH 121) between Hampden Avenue and 6th Avenue Project ("Project") is necessary for resurfacing Wadsworth Blvd. (SH 121) and updating ADA ramps and sidewalks. This will improve safety and mobility and improve connectivity for the community and is therefore, desirable.

Description of Property/Properties Needed for Project and Estimate of Property Value(s), Damages and Benefits (if any)

The following is a list of the parcels required and a description of each parcel's purpose for the Project.

The Cost Estimate approved by Nancy Terry, Region 1 Right-of-Way Manager, attached to this report, individually lists the estimate of land acquisition costs, property valuej and/or damages for each of the Properties required for this Project. The estimated property value along with any damages or benefits, if any, are also described below. In my opinion, the Cost

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Estimate represents a reasonable budget of the property value, damages, and/or benefits, if any, related to the Property.

The monetary estimates provided below are for budgetary purposes only, and are subject to change. I anticipate that this figure will increase or decrease as the Department obtains additional information about the acquisition and the Property, as appraisals are considered and evaluated, and as litigation expenses and risks are considered. If necessary, CDOT will seek additional approval from the Transportation Commission to condemn the property listed below. If CDOT reaches an agreement before CDOT seeks Transportation Commission approval of condemnation, CDOT will re-submit the final settlement for Transportation Commission approval.

There are 13 parcel acquisitions from 11 separate ownerships: 9 permanent easements and 4 temporary easements are necessary for completion of the Project.

1. Address: 1927 S Wadsworth Blvd, Lakewood, CO 80227 Landowner's Name: ADLP- W&J LLC Current Size of Property: N/ A - Permanent Easements Only Proposed Size of Acquisition: PE-84A= 361 SF

PE-84B= 237 Sf Purpose of Parcels Necessary for Project:

• PE·84A ft PE·84B· for access, construction, use and maintenance of sidewalk, ramps, and associated facilities


2. Address: 1884 S Wadsworth Blvd, Lakewood, CO 80232 Landowner's Name: Pacific Resources Associates LLC Current Size of Property: N/ A - Permanent Easement Only Proposed Size of Acquisition: 45 SF Purpose of Parcels Necessary for Project:

• PE-93: for access, construction, use and maintenance of sidewalk, ramps, and associated facilities

• Estimated Property Value, Damages and Benefits (if any): $1 ,250.00 Method to Determine Property Value, Damages and Benefits (if any): Estimate based on comparable sales of similar properties near the location of the property, with consideration to potential damages

3. Address: 7667 W Jewell Ave, Lakewood, CO 80232 Landowner's Name: 7667 West Jewell, LLC Current Size of Property: NI A - Permanent Easements Only Proposed Size of Acquisition: PE-94A= 70 SF

PE-948= 94 SF Purpose of Parcels Necessary for Project:

• PE-94A & PE-948: for access, construction, use and maintenance of sidewalk, ramps, and associated facilities

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• Estimated Property Value, Damages and Benefits (if any): $4,450.00 Method to Determine Property Value, Damages and Benefits (if any): Estimate based on comparable sales of similar properties near the location of the property, with consideration to potential damages

4. Address: 1840 S Wadsworth Blvd, Lakewood, CO 80232 Landowner's Name: Bobak Professional Building, LLC Current Size of Property: NI A - Permanent Easement Only Proposed Size of Acquisition: 5 SF Purpose of Parcels Necessary for Project:


• Estimated Property Value, Damages and Benefits (if any): $500.00 Method to Determine Property Value, Damages and Benefits (if any): Estimate based on comparable sales of similar properties near the location of the property, with consideration to potential damages

5. Address: 1555 S Wadsworth Blvd, Lakewood, CO 80232 Landowner's Name: MRJ, LLC Current Size of Property: N/ A - Permanent Easement Only Proposed Size of Acquisition: 25 SF Purpose of Parcels Necessary for Project:



6. Address: 1490 S Wadsworth Blvd, Lakewood, CO 80232 Landowner's Name: A.B. & H., L.L.C. Current Size of Property: N/ A - Permanent Easement Only Proposed Size of Acquisition: 62 SF Purpose of Parcels Necessary for Project:



7. Address: 1360 S Wadsworth Blvd, Lakewood, CO 80232 Landowner's Name: H.F.C. Lakewood L.L.C. Current Size of Property: N/ A - Temporary Easement Only Proposed Size of Acquisition: 22 SF Purpose of Parcels Necessary for Project:

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• TE-142: for access and construction of sidewalk and ramp facilities, the duration of the TE will be for one year once the contractor enters on the property to begin work.


8. Address: 7594 W Louisiana Ave, Lakewood, CO 80232 Landowner's Name: Raul Aldrete and Sandra Aldrete Current Size of Property: N/ A - Temporary Easement Only Proposed Size of Acquisition: 14 SF Purpose of Parcels Necessary for Project:



9. Address: 1220 S Wadsworth Blvd, Lakewood, CO 80232 Landowner's Name: MKDS Enterprises, LLC Current Size of Property: N/ A - Temporary Easement Only Proposed Size of Acquisition: 96 SF Purpose of Parcels Necessary for Project:



10. Address: Vacant Land Landowner's Name: Belmar Directors Parcels, LP. Current Size of Property: NI A - Permanent Easement Only Proposed Size of Acquisition: 105 SF Purpose of Parcels Necessary for Project:


• Estimated Property Value, Damages and Benefits (if any): $2,850.00 Method to Determine Property Value, Damages and Benefits (if any): Estimate based on comparable sales of similar properties near the location of the property, with consideration to potential damages.

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11. Address: 94 Wadsworth Blvd, Lakewood, CO 80226 Landowner's Name: Fairfield Commons Station LLC Current Size of Property: N/ A - Temporary Easement Only Proposed Size of Acquisition: 105 SF Purpose of Parcels Necessary for Project:



Attachments Right-of-Way Plans Chief Engineer's Cost Estimate Legal Descriptions Proposed Resolution

https://www.codot.gov/about/transportation-commission/current-agenda-and-supporting-documents/b-20322-acq-packet-w-exbts.pdf

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Resolution# TC-17-10-[ ) R2 US 50-C Pueblo ( 4th Street to Baxter Road) Project, STA OSOA-028, Project Code 20751


Approved by the Transportation Commission on ______ __, 2017.

WHEREAS, the Transportation Commission is authorized pursuant to Section 43-1-106(8), C.R.S. to formulate the general policy with respect to management, construction and maintenance of public highways and other transportation systems in the state and to promulgate and adopt all budgets of COOT; and





WHEREAS, COOT seeks to acquire properties, for the US 50-C Pueblo ( 4th Street to Baxter Road) Project, Project Number STA OSOA-028, Project Code 20751 ("Project").

WHEREAS, CDOT may negotiate with the property owners as specified in the attached Chief Engineer's Cost Estimate.

WHEREAS, CDOT seeks to acquire multiple properties, as specified in the attached Chief Engineer's Estimate for the Project ("Properties"). The Chief Engineer's Estimate specifies the landowners, property locations, proposed size of the acquisitions, and the estimated damages and benefits, if any, to the properties; and

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WHEREAS, after reviewing the Chief Engineer's written report regarding Project and the Properties, the Transportation Commission has determined that the proposed changes to U.S. Highway SO will serve the public interest and/or convenience of the traveling public and that acquisition of the Properties described in the report will serve the purpose(s) of the Project; and

WHEREAS, the Transportation Commission also approves the Chief Engineer's Cost Estimate of damages and benefits, if any, set forth in his written report

NOW THEREFORE BE IT RESOLVED, the Transportation Commission hereby declares that the public interest and/or convenience will be served by the proposed changes to U.S. Highway SO by virtue of the US 50-C Pueblo ( 4th Street to Baxter Road) Project, Project Number STA OSOA-028, Project Code 20751, parcels TE-1, TE-2, RW-3, TE-3, TE-4, TE-7, TE-8, RW-9, TE-10, TE-11, TE-12, RW-13, RW-14, TE-14, TE-15, RW-16, TE-16, TE-17, TE-18, TE-19, TE-20, TE-21, TE-22, TE-23, TE-24, TE-25, PE-26, PE-27, PE-28, PE-29, TE-30, TE-31 and RW-32, and authorizes the COOT staff to negotiate with the landowner(s) of the Properties the amount of estimated damages, as estimated by the Chief Engineer. If COOT and a landowner reach a settlement amount that requires approval by the Regional Transportation Director and the Chief Engineer, as set forth in the CDOT Right-of-Way Manual, then the settlement amount is subject to Transportation Commission approval. If acquisition of the Properties requires acquisition of buildings, structures, or improvements on real property as well as acquisition of tenant-owned improvements both real and personal property, or other real estate, the Transportation Commission authorizes COOT to negotiate for the acquisition of those items if necessary. At this time, the Transportation Commission does not authorize COOT to initiate and conduct condemnation proceedings pursuant to Sections 38-1-101 et seq. CDOT shall seek separate approval from the Transportation Commission in order to initiate and conduct condemnation proceedings.


Date

22 of 41

TO:

FROM:

DATE:

SUBJECT:

Background

COLORADO Department of Transportation Office or the Chief Engineer


MEMORANDUM


JOSH LAIPPLY, CHIEF ENGINEER ~ ~ J 1 , ,

I" t/ F,i r "'"1'/''J October 2, 2017

REPORT PURSUANT TO COLORADO REVISED STATUTES, §43·1-208 REGARDING PROJECT NUMBER STA 050A-028, 20751, US SOC overlay from 4th Street to Baxter Rd., SEEKING APPROVAL TO NEGOTIATE WITH LANDOWNER(S}

This written report to the Transportation Commission is pursuant to Colorado Revised Statutes ("C.R.S. "), Section 43·1 ·208(1 ). I deem it desirable to alter a portion of State Highway SOC.

If the Transportation Commission determines that the proposed changes will serve the public interest and/or convenience of the traveling public, I respectfully request that the Transportation Commission enter a resolution upon its minutes, approve the same, and authorize CDOT to negotiate with the landowner(s) for the Properties.


STA 050A·028, US SOC overlay from 4th Street to Baxter Rd., ("Project") is necessary for pavement maintenance, the addition of ADA ramps and drainage improvements. This will improve safety; repair drainage issues and maintain the existing roadway and is therefore, desirable. The Project is a surf ace improvement project.

Description of Properties Needed for Project and Estimate of Property Value(s), Damages and Benefits (if any)

There are multiple Properties necessary for completion of the Project. The following is a list of the parcels required and a description of each parcel's purpose for the Project.

The Cost Estimate approved by Amber Billings, Region 2 Right of Way Supervisor, attached to this report, individually lists the estimate of land acquisition costs, property value, and/or damages for each of the Properties required for this Project. The estimated property values along with any damages or benefits, if any, are also described below. In my

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opinion, the Cost Estimate represents a reasonable budget of the property values, damages, and/or benefits, if any, related to the Properties.

The monetary estimates provided below are for budgetary purposes only, and are subject to change. I anticipate that this figure will increase or decrease as the Department obtains additional information about the acquisition and the Property, as appraisals are considered and evaluated, and as litigation expenses and risks are considered. If necessary, COOT will seek additional approval from the Transportation Commission to condemn the properties listed below. If CDOT reaches an agreement before CDOT seeks Transportation Commission approval of condemnation, COOT will re-submit the final settlement for Transportation Commission approval.

There are thirty-two parcels that consist of four permanent easements, twenty-two temporary easements and six fee simple acquisitions necessary for the completion of the Project.

1. Address: Lot 6, Block 19 of the Pueblo Subdivision Landowner's Name: Pueblo County Current Size of Property: N/ A (TE only) Proposed Size of Acquisition: 66 SF Purpose of Parcels Necessary for Project:

• TE- 1: temporary easement, needed for construction of sidewalk and ADA ramps. This Temporary Easement will terminate one (1) year from the date construction starts or 30 days after completion of construction, whichever is earlier. The phrase "date construction starts" means the date the contractor enters the property to begin construction

Estimated Property Value, Damages and Benefits (if any): $200 Method to Determine Property Value, Damages and Benefits (if any): Value was based on comparable sales of similar property near the location of the Property.

2. Address: 209 S. Santa Fe Drive, Pueblo, CO Landowner's Name: Urban Renewal Authority of Pueblo Current Size of Property /Size of Larger Parcel: N/ A (TE only) Proposed Size of Acquisition: 100 SF Purpose of Parcels Necessary for Project:



3. Address: 247 S. Santa Fe Drive, Pueblo, CO Landowner's Name: Judith H. Patti Current Size of Property I Size of Larger Parcel: 11, 310 SF Proposed Size of Acquisition: RW-3: 4.5 SF and TE-3: 51 SF Purpose of Parcels Necessary for Project:

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• RW- 3: fee simple acquisition needed for ADA ramp and sidewalk improvements.

• TE-3: temporary easement, needed for construction of sidewalk and ADA ramps. This Temporary Easement will terminate one (1) year from the date construction starts or 30 days after completion of construction, whichever is earlier. The phrase "date construction starts" means the date the contractor enters the property to begin construction


4. Address: 240 S. Santa Fe Drive, Pueblo, CO Landowner's Name: Santa Fe 250, LLC Current Size of Property /Size of Larger Parcel: N/ A (TE only) Proposed Size of Acquisition: 96 SF Purpose of Parcels Necessary for Project:

• TE- 4: temporary easement, needed for construction of sidewalk and ADA ramps. This Temporary Easement will terminate one (1} year from the date construction starts or 30 days after completion of construction, whichever is earlier. The phrase "date construction starts" means the date the contractor enters the property to begin construction

Estimated Property Value, Damages and Benefits (if any): $200 Method to Determine Property Value, Damages and Benefits (if any): Value was based on comparable sales of similar property near the location of the Property

5. Address: 501 S. Santa Fe Drive, Pueblo, CO Landowner's Name: DMSJ Investments, Inc. Current Size of Property/Size of Larger Parcel: N/ A (TE only) Proposed Size of Acquisition: 150 SF Purpose of Parcels Necessary for Project:



6. Address: 221 Santa Fe Drive, Pueblo, CO Landowner's Name: United Rentals Northwest, Inc. Current Size of Property /Size of Larger Parcel: N/ A (TE only) Proposed Size of Acquisition: 75 SF Purpose of Parcels Necessary for Project:

• TE· 8: temporary easement, needed for construction of sidewalk and ADA ramps. This Temporary Easement will terminate one (1) year from the date construction starts or 30 days after completion of construction, whichever is earlier. The phrase "date construction starts" means the date the contractor enters the property to begin construction

Estimated Property Value, Damages and Benefits (if any): $200

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Method to Determine Property Value, Damages and Benefits (if any): Value was based on comparable sales of similar property near the location of the Property

7. Address: 221 Santa Fe Drive, Pueblo, CO Landowner's Name: United Rentals Northwest, Inc. Current Size of Property/Size of Larger Parcel: 67,494 SF Proposed Size of Acquisition: 600 SF Purpose of Parcels Necessary for Project:

• RW-9: - fee simple acquisition needed for ADA ramp and sidewalk improvements.

Estimated Property Value, Damages and Benefits (if any): $1,200 Method to Determine Property Value, Damages and Benefits (if any): Value was based on comparable sales of similar property near the location of the Property

8. Address: 331 Santa Fe Drive, Pueblo, CO Landowner's Name: Raymond Orcutt Current Size of Property/Size of Larger Parcel: 58,000 Proposed Size of Acquisition: 50 SF Purpose of Parcels Necessary for Project:



9. Address: 1659 Santa Fe Drive, Pueblo, CO Landowner's Name: Pueblo Santa Fe Retail LP Current Size of Property /Size of Larger Parcel: N/ A (TE only) Proposed Size of Acquisition: 50 SF Purpose of Parcels Necessary for Project:



10. Address: 1701 Santa Fe Drive, Pueblo, CO Landowner's Name: First National Bank of Fowler Current Size of Property /Size of Larger Parcel: N/ A (TE only) Proposed Size of Acquisition: 700 SF Purpose of Parcels Necessary for Project:

• TE- 12: temporary easement, needed for construction of sidewalk and ADA ramps. This Temporary Easement will terminate one (1) year from the date construction starts or 30 days after completion of construction, whichever

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is earlier. The phrase "date construction starts" means the date the contractor enters the property to begin construction


11. Address: 1708 Santa Fe Drive, Pueblo, CO Landowner's Name: SS Multi Tenant, LLC Current Size of Property /Size of Larger Parcel: 50, 965 SF Proposed Size of Acquisition: 225 SF Purpose of Parcels Necessary for Project:



12. Address: 1724 Santa Fe Drive, Pueblo, CO Landowner's Name: Blende Dollar, LLC. Current Size of Property/Size of Larger Parcel: 19,300 SF Proposed Size of Acquisition: RW-14: 125 SF and TE-14: 125 SF Purpose of Parcels Necessary for Project:




13. Address: 1900 Santa Fe Drive, Pueblo, CO Landowner's Name: Charlotte M. and John J. Cernac Current Size of Property/Size of larger Parcel: N/ A (TE only) Proposed Size of Acquisition: 100 SF Purpose of Parcels Necessary for Project:



14. Address: 1917 Santa Fe Drive, Pueblo, CO Landowner's Name: Alan Bickel Current Size of Property/Size of Larger Parcel: 101,059 SF

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Proposed Size of Acquisition: RW·16: 13 SF and TE·16: 138 SF Purpose of Parcels Necessary for Project:

• RW·16: · fee simple acquisition needed for ADA ramp and sidewalk improvements.



15. Address: 2001 Santa Fe Drive, Pueblo, CO Landowner's Name: FJF, LLC Current Size of Property/Size of Larger Parcel: N/ A (TE only) Proposed Size of Acquisition: 30 SF Purpose of Parcels Necessary for Project:



16. Address: 2000 Santa Fe Drive, Pueblo, CO Landowner's Name: Joan R. Javornik Current Size of Property/Size of Larger Parcel: N/ A (TE only) Proposed Size of Acquisition: 100 SF Purpose of Parcels Necessary for Project:



17. Address: 2020 Santa Fe Drive, Pueblo, CO Landowner's Name: Elaine S. De Luca/Floyd J. De Luca/Diana Armstrong Life Estate Current Size of Property/Size of Larger Parcel: N/ A (TE only} Proposed Size of Acquisition: 100 SF Purpose of Parcels Necessary for Project:

• TE- 19: temporary easement, needed for construction of sidewalk and ADA ramps. This Temporary Easement will terminate one (1) year from the date construction starts or 30 days after completion of construction, whichever

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is earlier. The phrase "date construction starts" means the date the contractor enters the property to begin construction


18. Address: 2021 Santa Fe Drive, Pueblo, CO Landowner's Name: Epifania M. Martinez, Jr. Current Size of Property/Size of Larger Parcel: N/ A (TE only) Proposed Size of Acquisition: 51 SF Purpose of Parcels Necessary for Project:



19. Address: 2103 Santa Fe Drive, Pueblo, CO Landowner's Name: Jose Espana&. Gloria Perez Current Size of Property/Size of Larger Parcel: N/ A (TE only) Proposed Size of Acquisition: 75 SF Purpose of Parcels Necessary for Project:



20. Address: 1033 Gunnison Street, Pueblo, CO Landowner's Name: Phil S. Prutch Current Size of Property /Size of Larger Parcel: N/ A (TE only) Proposed Size of Acquisition: 30 SF Purpose of Parcels Necessary for Project:



Page 7 of 10

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21. Address: 2203 Santa f e Drive, Pueblo, CO Landowner's Name: Phil S. Prutch Current Size of Property /Size of Larger Parcel: N/ A (TE only) Proposed Size of Acquisition: 70 SF Purpose of Parcels Necessary for Project:



22. Address: 2405 Santa Fe Drive. Pueblo, CO Landowner's Name: Heather P. Firestone Current Size of Property /Size of Larger Parcel: N/ A (TE only) Proposed Size of Acquisition: 10 SF Purpose of Parcels Necessary for Project:



23. Address: 2507 Santa Fe Drive, Pueblo, CO Landowner's Name: John R. Purdy and Julia V. Zane Current Size of Property/Size of Larger Parcel: N/ A (TE only) Proposed Size of Acquisition: 15 SF Purpose of Parcels Necessary for Project:



24. Address: 2610 Santa Fe Drive, Pueblo, CO Landowner's Name: Richard L. Springfield/LoafN Jug Current Size of Property/Size of Larger Parcel: 26,633 SF Proposed Size of Acquisition: 2,651 SF Purpose of Parcels Necessary for Project:

• PE· 26: permanent easement, needed for drainage improvements Estimated Property Value, Damages and Benefits (if any): $3, 980

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Method to Determine Property Value, Damages and Benefits (if any): Value was based

on comparable sales of similar property near the location of the Property

25. Address: 1124 20th Lane, Pueblo, CO Landowner ' s Name: MVC Properties, LLC Current Size of Property/Size of Larger Parcel: 35, 100 SF Proposed Size of Acquisition: 2, 345 SF Purpose of Parcels Necessary for Project:

• PE- 27: permanent easement, needed for drainage improvements Estimated Property Value, Damages and Benefits (if any): $3,520 Method to Determine Property Value, Damages and Benefits (if any): Value was based

on comparable sales of similar property near the location of the Property

26. Address: 2610 Santa Fe Drive, Pueblo, CO Landowner's Name: Richard L. Springfield/Loaf'N Jug Current Size of Property/Size of Larger Parcel: 17,425 SF Proposed Size of Acquisition: 908 SF Purpose of Parcels Necessary for Project:

• PE- 28: permanent easement, needed for drainage improvements Estimated Property Value, Damages and Benefits (if any): $690 Method to Determine Property Value, Damages and Benefits (if any): Value was based on comparable sales of similar property near the location of the Property

27. Address: 2648 Santa Fe Drive, Pueblo, CO Landowner's Name: 2648 Santa Fe Drive LLC Current Size of Property/Size of Larger Parcel: 63,829 SF Proposed Size of Acquisition: 1,870 SF Purpose of Parcels Necessary for Project:

• PE- 29: permanent easement, needed for drainage improvements Estimated Property Value, Damages and Benefits (if any): $2,810 Method to Determine Property Value, Damages and Benefits (if any): Value was based on comparable sales of similar property near the location of the Property

28. Address: 2771 Santa Fe Drive, Pueblo, CO Landowner's Name: Richard D. and Lisa A. Williams Current Size of Property /Size of Larger Parcel: N/ A (TE only) Proposed Size of Acquisition: 125 SF Purpose of Parcels Necessary for Project:



29. Address: 23050 E. US Hwy 50, Pueblo, CO Landowner's Name: Paul and Katie Cordova Current Size of Property /Size of Larger Parcel: N/ A (TE only)

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Proposed Size of Acquisition: 16 SF Purpose of Parcels Necessary for Project:



30. Address: 25100 US Hwy 50 Santa Fe Drive, Pueblo, CO Landowner's Name: R + R Partnership Current Size of Property/Size of Larger Parcel: 22,500 Proposed Size of Acquisition: 160 SF Purpose of Parcels Necessary for Project:

• RW-32: · fee simple acquisition needed for ADA ramp and sidewalk improvements.


Attachments: Right-of-Way Plans Chief Engineer's Cost Estimate Legal Descriptions Proposed Resolution

Page 10 of 10

https://www.codot.gov/about/transportation-commission/current-agenda-and-supporting-documents/c-20751-acq-packet-w-exbts.pdf

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Resolution # TC-17 -10-( ] R3 US 40 Craig East BPM Project, NHPP 0402-090, Project Code 20753








WHEREAS, CDOT seeks to acquire properties, for the US 40 Craig East BPM Project, Project Number NHPP 0402-090, Project Code 20753 ("Project").

WHEREAS, CDOT may negotiate with the property owners as specified in the attached Chief Engineer's Cost Estimate.


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WHEREAS, after reviewing the Chief Engineer's written report regarding Project and the Properties, the Transportation Commission has determined that the proposed changes to U.S. Highway 40 will serve the public interest and/or convenience of the traveling public and that acquisition of the Properties described in the report will serve the purpose(s) of the Project; and


NOW THEREFORE BE IT RESOLVED, the Transportation Commission hereby declares that the public interest and/or convenience will be served by the proposed changes to U.S. Highway 40 by virtue of the US 40 Craig East BPM Project, Project Number NHPP 0402-090, Project Code 20753, parcels PE-1, TE-1, PE-2, TE-2, TE-4, PE-3, and PE-3A, and authorizes the COOT staff to negotiate with the landowner(s) of the Properties the amount of estimated damages, as estimated by the Chief Engineer. If COOT and a landowner reach a settlement amount that requires approval by the Regional Transportation Director and the Chief Engineer, as set forth in the CDOT Right-of-Way Manual, then the settlement amount is subject to Transportation Commission approval. If acquisition of the Properties requires acquisition of buildings, structures, or improvements on real property as well as acquisition of tenant-owned improvements both real and personal property, or other real estate, the Transportation Commission authorizes COOT to negotiate for the acquisition of those items if necessary. At this time, the Transportation Commission does not authorize COOT to initiate and conduct condemnation proceedings pursuant to Sections 38-1-101 et seq. CDOT shall seek separate approval from the Transportation Commission in order to initiate and conduct condemnation proceedings.


Date

34 of 41

TO:

FROM:

DATE:

SUBJECT:

Background

COLORADO DeparunentofTransportation Office of the Chief Engineer


MEMORANDUM


JOSH LAI PPL Y, CHIEF ENGINEER U/1~#'- <J. . L ~ /)t /7.r \/, "f'/j

October 3, 2017

REPORT PURSUANT TO COLORADO REVISED STATUTES, §43-1-208 REGARDING PROJECT NUMBER NHPP 0402-090, 20753, US 40 CRAIG EAST BPM, SEEKING APPROVAL TO NEGOTIATE WITH LANDOWNER(S)

This written report to the Transportation Commission is pursuant to Colorado Revised Statutes ("C.R.S. "), Section 43-1-208(1 ). I deem it desirable to alter a portion of State Highway 40.

If the Transportation Commission determines that the proposed changes will serve the public interest and/or convenience of the traveling public, I respectfully request that the Transportation Commission enter a resolution upon its minutes, approve the same, and authorize CDOT to negotiate with the landowner(s) for the Properties.


Project No. NHPP 0402-090, Project Code 20753, US 40 Craig East Bridge Preventive Maintenance ("Project") is necessary for the installation of stream bank rip rap and other scour mitigation measures. This will improve safety by protecting existing infrastructure and is therefore, desirable.

Description of Properties Needed for Project and Estimate of Property Value(s). Damages and Benefits (if any)

There are multiple Properties necessary for completion of the Project. The following is a list of the parcels required and a description of each parcels purpose for the Project.

The Cost Estimate approved by Tim Woodmansee, Region 3 Right-of-Way Manager,

attached to this report, individually lists the estimate of land acquisition costs, property value, and/or damages for each of the Properties required for this Project. The estimated

property values along with any damages or benefits, if any, are also described below. In my

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opinion, the Cost Estimate represents a reasonable budget of the property values, damages, and/or benefits, if any, related to the Properties.

The monetary estimates provided below are for budgetary purposes only, and are subject to change. I anticipate that this figure will increase or decrease as the Department obtains additional information about the acquisition and the Property, as appraisals are considered and evaluated, and as litigation expenses and risks are considered. If necessary, CDOT will seek additional approval from the Transportation Commission to condemn the properties listed below. If CDOT reaches an agreement before CDOT seeks Transportation Commission approval of condemnation, CDOT will re-submit the final settlement for

Transportation Commission approval.

There are four permanent easements and three temporary construction easements necessary for the completion of the Project.

1. Address: Vacant land - Lot 23 Yi of Block 6, Rose Dale Addition to the Town of Craig Landowner•s Name: William H. Rose, deceased Current Size of Property: 2, 500 sf Proposed Size of Acquisition: PE-1 = 308 square feet (0.007 acres)

TE-1 = 512 square feet (0.011 acres) Purpose of Parcels Necessary for Project:

• PE-1 : Permanent easement for the purpose of permanent access to construct and maintain highway structures and facilities. Estimated Property Value, Damages and Benefits (if any): $500.00

• TE-1 : Temporary easement for the purpose of temporary access to construct highway structures and grading. The proposed duration of the temporary easement is 18 months. Estimated Property Value, Damages and Benefits (if any): $240.00

Total Estimated Property Value, Damages and Benefits (if any): $700.00 Method to Determine Property Value. Damages and Benefits (if any): Comparable sales of similar properties near subject location.

2. Address: Vacant land - dedicated alley to the City of Craig Landowner's Name: City of Craig Current Size of Property/Size of Larger Parcel: 2,500 sf Proposed Size of Acquisition: PE-2 = 308 square feet (0.007 acres)

TE-2 = 512 square feet (0.011 acres)

Purpose of Parcels Necessary for Project:

• PE-2: Permanent easement for the purpose of permanent access to construct and maintain highway structures and facilities. Estimated Property Value, Damages and Benefits (if any}: $500.00

• TE-2: Temporary easement for the purpose of temporary access to construct and highway structures and grading. The proposed duration of the temporary easement is 18 months. Estimated Property Value, Damages and Benefits (if any): $200.00

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Total Estimated Property Value, Damages and Benefits (if any): $700.00 Method to Determine Property Value, Damages and Benefits (if any): Comparable sales of similar properties near subject location.

3. Address: Vacant land Landowner's Name: Heirs of Emilyn L. Young Current Size of Property/Size of Larger Parcel: The complete property boundaries have not been surveyed because the project does not require the acquisition of a fee simple ownership interest. Proposed Size of Acquisition: PE-3 = 8799 square feet (0.201 acres)

PE·3A = 7824 square feet (0.179 acres)

Purpose of Parcels Necessary for Project:

• PE-3: Permanent easement for the purpose of permanent access to construct and maintain highway structures and facilities. Estimated Property Value, Damages and Benefits (if any): $1, 100.00

• PE-3A: Permanent easement for the purpose of permanent access to construct and highway structures and facilities. Estimated Property Value, Damages and Benefits (if any): $980.00

Total Estimated Property Value, Damages and Benefits (if any}: $2,080.00 Method to Determine Property Value, Damages and Benefits (if any): Comparable sales of similar properties near subject location.

4. Address: Vacant land Landowner's Name: City of Craig Current Size of Property /Size of Larger Parcel: The complete property boundaries have not been surveyed because the project does not require the acquisition of a fee simple ownership interest.

Proposed Size of Acquisition: TE-4 = 12,038 sf Purpose of Parcels Necessary for Project:

• TE -4: Temporary easement for the purpose of temporary access to construct highway structures and grading. The proposed duration of the temporary easement is 18 months. Estimated Property Value, Damages and Benefits (if any): $3,650.00

Method to Determine Property Value, Damages and Benefits (if any): Comparable sales of similar properties near subject location.

Attachments Right-of-Way Plans Chief Engineer's Cost Estimate legal Descriptions

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https://www.codot.gov/about/transportation-commission/current-agenda-and-supporting-documents/d-20753-acq-packet-w-exbts.pdf





Date of ValuationOwner's Current Counter‐Offer


(If Applicable)

5 PR SH 144 Flooding Repairs ER 144A‐002 20254 RW‐3, TE‐3 Orchard Ranch LLC $5,850.00 WV August 9, 2017 $21,602 TC 17‐3‐13

Post‐Amerco Real Property Condemnations ‐ Transportation Commission Tracking ‐ October 19th, 2017

Region 4 ‐ Condemnation Authorization Request

Condemnation Authorization Requests


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Resolution # TC-17-10-[ ] R4 PR SH 144 Flooding Repair, Project ER 144A-002, Project Code 20254

Authorizing the Chief Engineer to initiate and conduct condemnation proceedings pursuant to articles 1 to 7 of title 38, C.R.S. for the Property owned by Orchard Ranch LLC, and referred to as RW-3 and TE-3.


WHEREAS, pursuant to Colorado Jaw at Section 43-1-208, C.R.S., the Colorado General Assembly has conferred the power of eminent domain upon the Transportation Commission to acquire private property necessary for state highways purposes; and

WHEREAS, on March 16, 2017, the Transportation Commission adopted resolution TC-17-3-13 ("TC-17-3-13"), which directed the "Executive Director of the Department of Transportation, or his delegatee, to handle on its behalf consistent with the State and Federal laws, what the approval for land acquisition actions and the tendering of payment to landowners for damages in connection with previously approved highway projects;" and

WHEREAS, the Resolution determined that the public interest or convenience will be served by the· proposed alterations to SH 144, approved the Chief Engineer's estimate of damages and benefits accruing to each landowner, and authorized the CDOT Chief Engineer to negotiate with landowners; and


WHEREAS, the Amerco Real Estate Company opinion held that the Transportation Commission must decide that the public interest or convenience will be served by a proposed alteration of a state highway and that the Commission's decision must be made in consideration of the portions of land of each landowner to be taken and an estimate of the damages and benefits accruing to each landowner prior to authorizing condemnation of property; and


WHEREAS, the Amerco Real Estate opinion further held that the Transportation Commission could delegate to the "legal staff or representatives of the commission or department" the "initiation and conduct of condemnation proceedings." Amerco Real Estate Company, 2016SA75, iJlS; and

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WHEREAS, pursuant to the Resolution CDOT attempted to negotiate with the landowner, but negotiations with the landowner was unsuccessful; and

WHEREAS, the Property sought by COOT may include buildings, structures, or other improvements on the real Property and may also include tenant-owned improvements, personal property, and other real estate; and

WHEREAS, COOT has an immediate need for the Property and the inability to work on the Property will likely cause delay to the PR SH 144 Flooding Repair, 20254 ER 144A-002 ("Project"), resulting in significant monetary harm to COOT; and

WHEREAS, the Transportation Commission, as part of its non-delegable duties, must now approve and ratify all negotiation actions taken by COOT in relation to the below acquisition and has also reviewed the written report of the Chief Engineer seeking approval to initiate and conduct condemnation proceedings, the report includes all information and documents required pursuant to Section 43-1-208 (1), in relation to the Project and the Property; and

NOW THEREFORE BE IT RESOLVED, the Transportation Commission hereby declares the public interest or convenience will be served by the proposed changes to State highway 144, by virtue of SH144 Flooding Repair, 20254 ER 144A-002 project. All approvals, or other negotiation actions taken by CDOT with respect to the above listed acquisitions are hereby affirmed, ratified, and made effective as officially sanctioned actions of transportation commission. The transportation commission authorizes COOT to negotiate with and conduct condemnation proceedings for the following owners. Further, if a settlement amount, certificate of ascertainment and assessment, or verdict is reached with respect to the amount of just compensation due to the landowners, the final settlement, certificate of ascertainment or assessment, or verdict amount is subject to approval by the transportation commission. If acquisition of the property requires acquisition of buildings, structures or improvements on real property as well as acquisition of tenant-owned real and personal property, or other real estate, the Transportation Commission authorizes COOT to acquire those items through eminent domain proceedings if necessary.

COOT may initiate and conduct condemnation proceedings for the following landowner:

1. Landowner Name: Orchard Ranch LLC Address of Property: Vacant land, Morgan County Parcel #1045-080-00-008; E 1/2 of SE 1/4, Section 8, Township 4 North, Range 60 West, Orchard, CO 80649 Parcels Required: RW-3, TE-3 Estimated Property Value, Damages and Benefits (if any): $5,850.00


Date

40 of 41

TO:

FROM:

DATE:

SUBJECT:

Background

COLORADO Department of Transportation Office of the Chief Engineer


MEMORANDUM


JOSH LAIPPLY, CHIEF ENGINEER lf~ r J • I /II'. ,-q, v "'"1,Pj

September 25, 2017

REPORT PURSUANT TO COLORADO REVISED STATUTES, §43-1-208 REGARDING PROJECT NUMBER ER 144A-002, 20254, PR SH 144 FLOODING REPAIRS, SEEKING APPROVAL TO INITIATE AND CONDUCT CONDEMNATION PROCEEDINGS

This written report to the Transportation Commission is pursuant to Colorado Revised Statutes ("C.R.S.''), Section 43-1-208(1). On March 16, 2017, the Transportation Commission entered Resolution No. TC 17-3-13 ("Resolution(s)") upon its minutes, which determined that ER 144A-002, 20254, PR SH 144 Flooding Repairs, would serve the public interest and/or convenience of the traveling public. The Resolution(s) also authorized CDOT to engage in negotiations with the landowner listed below.

The matter involves acquisition of property as a partial acquisition (RW-3 and TE-3), owned by Orchard Ranch LLC.

Unfortunately, after engaging in negotiations, CDOT and the landowner were unable to reach a resolution. A summary of negotiations between CDOT and the landowner is contained below. Because COOT has been unable to reach a resolution with the landowner, COOT seeks Transportation Commission approval to initiate and conduct condemnation proceedings pursuant to Colorado Revised Statutes, Section 38-1-101 et seq. for the properties listed below.

As you may recall, ER 144A-002, PR SH 144 Flooding Repairs ("Project") will construct a new roadway alignment, replacing the existing roadway adjacent to the South Platte River, which incurred flood damage during the 2013 flood. The Project is a Flood Project that will realign and construct this portion of State Highway 144 to improve safety, maintain connectivity for the traveling public between US 34 and the Town of Orchard, and protect the roadway alignment.

Overview of Properties Previously Approved for Negotiation

There is one fee simple parcel and one temporary easement previously approved for negotiation.

Page 1 of 2

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1. Resolution No. Approving Negotiation: TC 17-3-13 Address: Vacant land, Morgan County Parcel #1045-080-00-008; E 1 /2 of SE 1 I 4, Section 8, Township 4 North, Range 60 West, Orchard, CO 80649 Landowner's Name: Orchard Ranch LLC Current Size of Property: 3,306,204 square feet/75. 9 acres Proposed Size of Acquisition: Fee Acquisition - 92, 705 square feet/2.13 acres; Temporary Easement - 13, 167 square feet/0.302 acre Purpose of Parcels Necessary for Project:

• RW-3: 92, 705 square feet/2.13 acres for roadway. • TE-3: 13, 167 square feet/0.302 acres as temporary work area for access

road realignment, one-year term. Total Estimated Property Value, Damages and Benefits (if any): $5,850.00 Method to Determine Property Value, Damages and Benefits (if any): Value was based on comparable sales of similar property near the location of the Property. Date of Initial Offer: August 10, 2017. Initial Offer: $5,850.00, based on the appraised value of adjacent parcel. There are no improvements. Summary of Counteroffers: CDOT received one (1) counteroffer from landowner. The landowner's counteroffer demanded $15,752.00 above the fair market value of the property and included damages. The landowner chose not to have an appraisal. Landowner's counteroffer was deemed unsatisfactory to CDOT because there is no valid evidence to suggest that their property is worth $15,752.00 above fair-market value.

Attachments Proposed Resolution ROW Plans

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https://www.codot.gov/about/transportation-commission/current-agenda-and-supporting-documents/20254-condemnation-packet-w-exbts.pdf