CDOT Form 228 "Possession and Use Agreement" - Colorado

What Is CDOT Form 228?

This is a legal form that was released by the Colorado Department of Transportation - a government authority operating within Colorado. As of today, no separate filing guidelines for the form are provided by the issuing department.

Form Details:

  • Released on March 1, 2017;
  • The latest edition provided by the Colorado Department of Transportation;
  • Easy to use and ready to print;
  • Quick to customize;
  • Compatible with most PDF-viewing applications;
  • Fill out the form in our online filing application.

Download a fillable version of CDOT Form 228 by clicking the link below or browse more documents and templates provided by the Colorado Department of Transportation.

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Download CDOT Form 228 "Possession and Use Agreement" - Colorado

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COLORADO DEPARTMENT OF TRANSPORTATION
Project Code:
POSSESSION AND USE AGREEMENT
Parcel No:
Project No:
Location:
a.d. 20
This agreement is made this
day of
between the State Department of Transportation, S tate of Colorado ,
(herein referred to as the department), and
(herein referred to as the landowner) for the purpose of
granting the irrevocable right to possession and use to the department, its contractors, agents, and all others deemed necessary by the
department of parcel(s)
of Project No.
for the purpose of constructing a portion of State Highway No.
The property involved is described more fully in Exhibit A (and Exhibit B) attached hereto and made a part hereof by reference.
. The
1. In consideration for this irrevocable grant of possession the department will tender to the landowner(s) the sum of $
percent of
department shall be entitled to take possession upon tender of payment. It is understood the sum tendered represents
0.00%
the department’s appraised value of the just compensation owed to the landowner(s). It is agreed this sum shall be deducted from any
final settlement amount, award, or verdict. It is also agreed in the event the ultimate settlement amount, award, or verdict is less than this
sum the undersigned landowner(s) shall refund the difference to the department.
2. The landowner(s) represents that the title to the property is free and clear of all liens and encumbrances or that proper releases will be
executed for the property herein described prior to funds being disbursed under this agreement. The landowner(s) further agrees to hold
the department harmless from all liability for unreleased or undisclosed liens or encumbrances affecting the property herein described.
3. This agreement is made with the understanding the department will continue to negotiate in good faith with the undersigned
landowner(s) to acquire the interest in the property described by direct purchase. It is further understood in the event a settlement is not
reached within
days of the signing of this agreement such failure will be a confession that the negotiations to acquire the
property described herein have proved futile. At this point the department may begin proceedings in eminent domain to acquire title to the
property herein described. The department shall not unreasonably delay the commencement of proceedings under the eminent domain
law once the time provided for in this paragraph has expired. If the department begins proceedings in eminent domain, it is understood
and agreed this agreement shall continue in effect until either a settlement is reached or a rule and order as provided for in C.R.S. 38-1-
105(3) is entered by the court.
4. If the department begins proceedings in eminent domain it agrees to deposit the remaining amount of its appraised value of the just
compensation owed to the landowner(s) into the registry of the court if it has not previously tendered 100 percent of this amount. Any
sums deposited in the registry may be withdrawn by the undersigned landowner(s) if all parties interested in the property sought to be
acquired consent and agree to such withdrawal. Any such withdrawal of said deposit shall be deducted by the clerk from any award or
verdict entered thereafter or by the department from any settlement reached. It is agreed in the event the ultimate settlement amount,
award, or verdict is less than the total of the sums paid to and withdrawn by the undersigned landowner(s); the undersigned landowner(s)
shall refund the difference to the department.
5. It is agreed by the undersigned in the event proceedings in eminent domain are begun the valuation date for determining the amount
of just compensation shall be the date on which payment was tendered to the landowner(s) pursuant to paragraph one above.
6. It is agreed by entering into this agreement the undersigned do not waive any right to raise any issue pertaining to just compensation
at the time of trial.
7. The purpose of this agreement is to allow the department to proceed with its construction project without delay and to allow the
landowner(s) to avoid litigation at this time.
8. The undersigned landowner(s) agree(s) to pay all taxes, including prorated taxes for the current year, and special assessments due at
the time the department takes possession of its (their) property.
9. This agreement shall be deemed a contract and it shall bind the parties only when signed by all landowners or their designated
representatives and one of the following on behalf of the department: Project Development Branch Manager, Right of Way Program
Manager, Regional Transportation Director, Region Program Engineer, Region Right of Way Manager or their superiors. This contract
shall also extend to and bind the heirs, devisees, executors, administrators, legal representatives, successors and assigns of the parties.
10. It is agreed the department shall record this document.
11. Other conditions.
Landowner agrees to indemnify and hold harmless the Colorado Department of Transportation from all claims and liability related to the
presence, disposal, release or clean-up of any contaminants located on or attributable to activities occurring on the property prior to the
execution of this agreement.
Landowner
SS# or FEIN#:
Date
Landowner
SS# or FEIN#:
Date
Region Right of Way Manager
Date
CDOT Form #228 3/17
Distribution:
Project Development Branch (ROW Services) – original
Property Owner
Region ROW Manager
Region Program Engineer/Resident Engineer/Project Engineer
COLORADO DEPARTMENT OF TRANSPORTATION
Project Code:
POSSESSION AND USE AGREEMENT
Parcel No:
Project No:
Location:
a.d. 20
This agreement is made this
day of
between the State Department of Transportation, S tate of Colorado ,
(herein referred to as the department), and
(herein referred to as the landowner) for the purpose of
granting the irrevocable right to possession and use to the department, its contractors, agents, and all others deemed necessary by the
department of parcel(s)
of Project No.
for the purpose of constructing a portion of State Highway No.
The property involved is described more fully in Exhibit A (and Exhibit B) attached hereto and made a part hereof by reference.
. The
1. In consideration for this irrevocable grant of possession the department will tender to the landowner(s) the sum of $
percent of
department shall be entitled to take possession upon tender of payment. It is understood the sum tendered represents
0.00%
the department’s appraised value of the just compensation owed to the landowner(s). It is agreed this sum shall be deducted from any
final settlement amount, award, or verdict. It is also agreed in the event the ultimate settlement amount, award, or verdict is less than this
sum the undersigned landowner(s) shall refund the difference to the department.
2. The landowner(s) represents that the title to the property is free and clear of all liens and encumbrances or that proper releases will be
executed for the property herein described prior to funds being disbursed under this agreement. The landowner(s) further agrees to hold
the department harmless from all liability for unreleased or undisclosed liens or encumbrances affecting the property herein described.
3. This agreement is made with the understanding the department will continue to negotiate in good faith with the undersigned
landowner(s) to acquire the interest in the property described by direct purchase. It is further understood in the event a settlement is not
reached within
days of the signing of this agreement such failure will be a confession that the negotiations to acquire the
property described herein have proved futile. At this point the department may begin proceedings in eminent domain to acquire title to the
property herein described. The department shall not unreasonably delay the commencement of proceedings under the eminent domain
law once the time provided for in this paragraph has expired. If the department begins proceedings in eminent domain, it is understood
and agreed this agreement shall continue in effect until either a settlement is reached or a rule and order as provided for in C.R.S. 38-1-
105(3) is entered by the court.
4. If the department begins proceedings in eminent domain it agrees to deposit the remaining amount of its appraised value of the just
compensation owed to the landowner(s) into the registry of the court if it has not previously tendered 100 percent of this amount. Any
sums deposited in the registry may be withdrawn by the undersigned landowner(s) if all parties interested in the property sought to be
acquired consent and agree to such withdrawal. Any such withdrawal of said deposit shall be deducted by the clerk from any award or
verdict entered thereafter or by the department from any settlement reached. It is agreed in the event the ultimate settlement amount,
award, or verdict is less than the total of the sums paid to and withdrawn by the undersigned landowner(s); the undersigned landowner(s)
shall refund the difference to the department.
5. It is agreed by the undersigned in the event proceedings in eminent domain are begun the valuation date for determining the amount
of just compensation shall be the date on which payment was tendered to the landowner(s) pursuant to paragraph one above.
6. It is agreed by entering into this agreement the undersigned do not waive any right to raise any issue pertaining to just compensation
at the time of trial.
7. The purpose of this agreement is to allow the department to proceed with its construction project without delay and to allow the
landowner(s) to avoid litigation at this time.
8. The undersigned landowner(s) agree(s) to pay all taxes, including prorated taxes for the current year, and special assessments due at
the time the department takes possession of its (their) property.
9. This agreement shall be deemed a contract and it shall bind the parties only when signed by all landowners or their designated
representatives and one of the following on behalf of the department: Project Development Branch Manager, Right of Way Program
Manager, Regional Transportation Director, Region Program Engineer, Region Right of Way Manager or their superiors. This contract
shall also extend to and bind the heirs, devisees, executors, administrators, legal representatives, successors and assigns of the parties.
10. It is agreed the department shall record this document.
11. Other conditions.
Landowner agrees to indemnify and hold harmless the Colorado Department of Transportation from all claims and liability related to the
presence, disposal, release or clean-up of any contaminants located on or attributable to activities occurring on the property prior to the
execution of this agreement.
Landowner
SS# or FEIN#:
Date
Landowner
SS# or FEIN#:
Date
Region Right of Way Manager
Date
CDOT Form #228 3/17
Distribution:
Project Development Branch (ROW Services) – original
Property Owner
Region ROW Manager
Region Program Engineer/Resident Engineer/Project Engineer