HomeMy WebLinkAbout0497
Board of County Commissioners
Michelle Lawrence
District NO.1
Patricia B. Holloway
District No 2
Richard M. Sheehan
District No.3
August 7, 2000
Land Title Guarantee Company
3033 E~lst Av , Suite 600
POBox 5 0
Denver, 80206
Attn: Carol Mueller
Re: Commitment No. ABB670817.1-3 and Policy No. CTAH670817
Dear Carol'
Land Title Guarantee Company ("Land Title") has previously issued Policy No.
CTAH670817 in which the City of Wheat RIdge ("Wheat Ridge") is the insured. Land Title has
also issued Commitment No. ABB670817.1-3 which adds the County of Jefferson ("Jefferson
County") as another Insured VIa Endorsement 107 10
In compliance with the Schedule B-1 ReqUirements of Commitment No. ABB670817.1-
3, enclosed are the following recorded documents
General Warranty Deed from Wheat RIdge to Jefferson County
2. BargaIn and Sale Deed from Wheat RIdge to Jefferson County
3 Commissioner's Deed from Jefferson County to Wheat Ridge
Please invoice Jefferson County the $100 cost of Endorsement 107.10 and attach the
Endorsement to Policy No. CTAH670817 as the Endorsement is described in Commitment No.
ABB670817.1-3 ThIS Endorsement revises Policy No. CTAH670817 by addIng Jefferson
County as an addItIonal Insured and deletIng Standard Exceptions 1-3 as of April 5, 1999
Please send an ongInal Owner's PolIcy of Title Insurance, WIth attached Endorsement
107 10, to Wheat RIdge, AttentIOn Gary Wardle, and an ongInal to Jefferson County, AttentIon
Open Space Director, 700 Jefferson County Parkway, #100, Golden Colorado 80401 Kindly
acknowledge your agreement to the instructions set forth In this letter by signing and returning to
the undersigned an original of thIS letter.
100 Jefferson County Parkway Golden, Colorado 80419
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Page 2 of :::
Smcerely,
/1: 11~//
(yP171A.1- z:iAAr ~
Steven L. Snyder
Assistant County Attorney
(303) 271-8926
Enclosures
cc Joy Lucisano (w/enc and Indemlllfication and Hold Harmless)
~y Wardle, City of Wheat Ridge (w/enc, and Indemnification and Hold Harmless)
APPROVED and accepted thIS
day of
,2000
LAND TITLE GUARANTEE COMPANY
By
Carol Mueller
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RESOLUTION NO. 122U
SERIES OF l~~U
TITLE:
A RESOLUTION DECLARING THE INTENT OF THE CITY OF
WHEAT RIDGE TO ACQUIRE AN INTEREST IN A PORTION OF THE
REAL PROPERTY AT 7172-80 WEST 38TH AVENUE, \~HEAT RIDGE,
COLORADO IN FEE SIMPLE, FROM THE PRESENT OWNERS THEREOF
FOR THE PUBLIC PURPOSE OF COMPLETING THE WEST 3~TH
AVENUE STREET PROJECT CONTEMPLATED BY THE CITY, FUR-
THER CONTINUANCE OF GOOD FAITH NEGOTIATIONS TO ACQUIRE
SAID PROPERTY, AND FURTHER AUTHORIZING THE INITIATION
OF AN ACTION IN EMINENT DO~ffiIN TO ACQUIRE SAID PROPERTY
IN THE EVENT GOOD FAITH NEGOTIATIONS DO NOT RESULT IN
AN AGREEMENT TO ACQUIRE SAID PROPER'l'Y.
WHEREAS, the City ot Wheat Ridge is involved in the design
of a street construction, reconstruction, and improvement project
involving We~t 38TH Avenue within the City of Wheat Ridge, County
ot Jetferson, State of Colorado;
WHEREAS, completion at said West 38TH Avenue Street Project
is undertaken for the public purpose ot improving said public
street in turtherance ot the health, satety and welt are at the
population at the City at Wheat Ridge and all those who use said
West 38TH Avenue;
WHEREAS, CHARLES R. PERROTTI ~D SHELLEY CHEW POE LENG
are the tee ownes ot certain property at 7172-8U WEST 38TH AVE-
NUE, Wheat Ridge, Colorado, WhlCh property is sltuate wlthin the
rlght at way necessary tor the completion ot the \~est 3~TH Avenue
Improvement Project.
WHEREAS, an appralsal has been obtained by the City tor the
purpose ot determining ttle value ot said property, Wh1Ch apprais-
al has been used by the parties in negotiations between the City
and the owners, the purpose ot Wh1Ch negotiations has been to
determlne it a purchase price may be agreed upon tor the acqu1s1-
t10n ot the required interest in said property by the C1tYi
WHEREAS, sa1d negotlations have, to th1S p01nt, been unsuc-
cesstul;
WHEREAS, the City has determ1ned that it 1S required to
acquire in tee simple a portion ot the property located at 7172-
80 WEST 38TH AVENUE, Wheat R1dge, Colorado, ant that, 1n the
event that good faith negotiations do not result 1n a voluntary
sale ot said interest in said real property to the City, it 1S
necessary that the C1ty acqulre sa1d 1nterest 1n sa1d real
property through the use ot the C1ty'S powers ot eminent domain
as reserved to the Clty 1n Sect10n Ib.4 of the Home Rule
of the Clty ot Wheat Ridge, Colorado, and ln Artlcle II,
15 ot the Const~tut1on of the State ot Colorado and 1n
Jtl-l-1Ul, et seq. and J~-b-1Ul et seq.
Charter
Sect10n
C.R.S.
NOW THEREFORE, BE IT RESOLVED by the C1ty Council of the
City of Wheat Ridge, that
l. The City Council does hereby declare ltS intent to
acquire a tee simple interest in a portion ot the real property
situate at 7172-8U WEST 38TH AVENUE, Wheat Ridge, Colorado (WhlCh
interest to be acquired is described in Exh1b~t A attached here-
to) trom its present owners and all others hav1ng an 1nterest
therein.
2. The property to be acquired, as described in Exhibit A,
is necessary tor the public purpose ot complet1on ot the roadway,
and related improvements, to be completed as part of the West
38TH Avenue Street Improvement Project, Wh1Ch public works
project has as its public purposes the improvement of the street,
drainage and pedestrian access portions of the public street
known as West 38TH Avenue, trom Wadsworth Boulevard to Plerce
Street, within the City of Wheat Ridge, Colorado.
3.
for the
signed.
The property at 7172-8U WEST 38TH AVENUE is necessary
completion of said West 38TH Avenue Street Project as de-
4. The City Council specifically authorizes that negotia-
tions between the City and owners of the property continue in
gOOd taith, but in the event said negotiations are unsuccesstul,
acquisition of the property described in Exhibit A from the
record owners thereof and all others having an interest therein,
through the use of the powers of eminent domain based upon the
City's powers of eminent domain granted by the Constitution of
the state of Colorado, the. City's Home Rule Charter, and the
statutes of the State of Colorado, is hereby authorized.
5 . A copy
record owner of
forthwi tho
of the Resolution shall be
the property at 7172-80
forwarded
WEST 38TH
to the
AVENUE
DONE AND RESOLVED this 28th day of August, 1~~0.
~w~
Dan Wilde, Mayor
ATTEST:
EXHIBIT A
Fee Takinq:
A tract of land lying in the NEX of Section 26,
Township 3 South, Range 69 West of the 6th Principal
Meridian, City of Wheat Ridge, County ~f Jefferson,
State of Colorado, described as follows:
~
That portion of Parcels 1 and 2 as described in
Reception No. 88115977, records of said County, lying
north of a line 41.0 feet south of and parallel with
the north line of said section.
Said tracts contains 839 square feet, 0.019 acres, more
or less.
Permanent Easement:
A tract of land lying in the NEX of Section 26,
Township 3 South, Range 69 West of the 6th Principal
Meridian, City of Wheat Ridge, County of Jefferson,
State of Colorado, described as follows:
That portion of Parcels 1 and 2 as described in
Reception No. 88115977, records of said county, lying
north of a line which is 51.5 feet south of and
parallel with the north line of said section, except
the north 41.0 feet.
Said tracts contains 801 square feet, 0.018 acres, more
or less.
For the purpose of: Installation and maintenance of sidewalks,
utilities and slgnage.
~a
~
- - ,
RECEPTION NO. F0695913 16.00
215 RECORDED IN JEFFERSON COUNTY, COLORADO
PG: 0001-003
9/17/1998 10:15:38
DISTRICT COURT, JEFFERSON COUNTY, STATE OF COLORADO
Civil Action No. 97 CV 0219, Division 2
l/'?
RULE AND ORDER
CITY OF WHEAT RIDGE, a municipal corporation for the State of
Colorado,
petitioner,
v.
FOAMTEC SYSTEMS, INC., SHELLEY CHEW POE LENG, and ROBERT
BAMMERLIN, as Treasurer of Jefferson County,
Respondents.
THIS MATTER came on regularly for hearing this day upon the
Commission's Certificate of Ascertainment and Assessment and
Report of Commissioners, which Commission was duly appointed to
determine the compensation to be paid Respondents interested in
the property; and it appearing to the Court from the records and
files herein that all persons interested as owners or otherwise,
as appearing of record, have been joined as parties respondent,
THE COURT NOW FINDS:
l. That the Court has full and complete jurisdiction of the
subject matter 0.1: this action and the parties thereto; and that
service has been made upon all parties as required by law, or
that the same have subjected themselves to the jurisdiction of
this Court.
2. That the accurate legal description of the property being
acquired by Petitioner herein is set forth in Exhibit A attached
hereto and incorporated herein by this reference.
3. That the value of the property actually taken by
Petitioner is $5334.00.
MUR\53027\295198.01
4. The Court further finds that Petitioner has not
heretofore deposited any sums with the Clerk of t&~lR]efc
By
5. The Court finds~that Respondents are entitled to interest
on the award pursuant to C.R.S. ~ 38-1-1L6 at the tollowing
interest rates: for 1990 and 1991:9%; for 1992-1998: 8%.
6. The Court finds that the interest owing on the award from
the date of possession, September 9, 1990, to the date of~deposit
of the award, which shall not be later than September 4, 1998,
shall be $3477,77.
~
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the
taking of the property described in Exhibit A has been duly and
lawfully taken and condemned by Petitioner pursuant to the
statutes and the Constitution of the State of Colorado, and that
the interests of all Respondents in said real e~tate property
have been acquired by Petitioner and said real property is hereby
conveyed in fee simple to 2etitioner.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Petitioner
shall deposit the award and applicable interest In the amount of
$8811.77.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that a certified
copy of this Rule and Order be recorded and indexed in the office
of the Clerk and Recorder of Jefferson County, Colorado, in like
manner and in like effect as if it were a deed of conveyance from
the owners and parties interested to Petitioner herein, and that
the Lis Pendens recorded at Reception No. F0365216 in the records
of the Clerk and Recorder of Jefferson County, Colorado, is
hereby released.
DONE this tjJY!::
day of A )$)2bn<-~, 1998.
../ V
BY THE COURT:
lELAND ANDERSON
District Court Judge
MUR\53027\295198 01
~
EXHIBIT A
Fee Takinq:
A tract of land lying in the NEX of Section 26,
Township 3 South, Range 69 West of the 6th Principal
Meridian, City of Wheat Ridge, Countyuf Jefferson,
State of Colorado, described as follows:
~
That portion of Parcels 1 and 2 as described in
Reception No. 88115977, records of said County, lying
north of a line 41.0 feet south of and parallel with
the north line of said section.
Said tracts contains 839 square feet, 0.019 acres, more
or less.
Permanent Easement:
A tract of land lying in the NE~ of Section 26,
Township 3 South, Range 69 West of the 6th Principal
Meridian, City of Wheat Ridge, County of Jefferson,
state of Colorado, described as follows:
That portion of Parcels 1 and 2 as described in
Reception No. 88115977, records of said county, lying
north of a line which is 51.5 feet south of and
parallel with the north line of said section, except
the north 41.0 feet.
Said tracts contains 801 square feet, 0.018 acres, more
or less.
For the purpose of: Installation and maintenance of sidewalks,
utilities and signage.