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SERIES OF B~U
RESOLUTION NO. 122U
TITLE:
A RESOLUTION DECLARING THE INTENT OF THE CITY OF
WHEAT RIDGE TO ACQUIRE AN INTEREST IN A PORTION OF THE
REAL PROPERTY AT 7l72-80 WEST 38TH AVENUE, WHEAT 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 DOMAIN TO ACQUIRE SAID PROPER~'Y
IN THE EVENT GOOD FAITH NEGOTIATIONS DO NOT RESULT IN
AN AGREEMENT TO ACQUIRE SAID PROPER~'Y.
WHEREAS, the City of 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
of Jefferson, State of Colorado;
WHEREAS, completion of said West 38TH Avenue Street Project
is undertaken for the public purpose of improving said public
street in furtherance ot the health, safety and weltare ot the
population of the City ot Wheat Ridge and all those who use said
West 38TH Avenue;
WHEREAS, CHARLES R. PERROTTI AND SHELLEY CHEW POE LENG
are the tee ownes ot certain property at 7l72-8U WEST 38TH AVE-
NUE, Wheat Ridge, Colorado, wh~ch property is s~tuate w~thin the
r~ght of way necessary tor the completion ot the West 3~TH Avenue
Improvement Project.
WHEREAS, an appra~sal has been obtained by the City tor the
purpose ot determin~ng the value ot said property, wh~ch apprais-
al has been used by the parties in negotiations between the City
and the owners, the purpose ot which negotiat~ons has been to
determ~ne it a purchase price may be agreed upon tor the acqu~s~-
t~on ot the required interest in said property by the C~ty;
WHEREAS, sa~d negot~at~ons have, to th~s po~nt, been unsuc-
cesstul;
WHEREAS, the City has determ~ned that ~t ~s required to
acquire in fee simple a portion ot the property located at 7l72-
8U WEST 3HTH AVENUE, Wheat R~dge, Colorado, ant that, ~n the
event that good ta~th negotiations dO not result ~n a voluntary
sale ot said interest in said real property to the City, ~t ~s
necessary that the C~ty acqu~re said ~nterest ~n sa~d real
property through the use ot the C~ty's powers ot em~nent domain
as reserved to the City In Sectlon lb.4 at the Home Rule
ot the City at Wheat Ridge, Colorado, and In Artlcle II,
15 ot the Constltutlon ot the State at Colorado and In
J~-1-1U1, et seq. and Jti-b-1U1 et seq.
Charter
sectlan
CoR.S.
NOW THEREFORE, BE IT RESOLVED by the Clty Cauncll at the
City ot Wheat Ridge, that
1. The City Council does hereby declare lts intent to
acquire a tee simple interest in a portion ot the real property
sltuate at 717~-8U WEST 38TH AVENUE, Wheat Ridge, Colorado \WhlCh
interest to be acquired is described In Exhibit A attached here-
to) tram its present owners and all others having an interest
therein.
l. The property to be acquired, as described in Exhlbit A,
is necessary tor the public purpose ot completion ot the roadway,
and related improvements, to be completed as part of the West
38TH Avenue Street Improvement Project, which public works
project has as its publlC purposes the improve~ment af the street,
drainage and pedestrian access portions of the public street
known as West J~TH Avenue, trom Wadsworth Boulevard to Plerce
Street, within the City of Wheat Ridge, Colorado.
3. The property at 7l7~-8U WEST 38TH AVENUE is necessary
for the completion of said West 38TH Avenue Street Project as de-
signed.
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 unsuccessful,
acquisition ot 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 ot
torthwith.
of the Resolution shall be
the property at 717~-8U
forwarded
WEST JtlTH
to the
AVENUE
DONE AND RESOLVED this ltlth day of August, l~~U.
~w~
Dan Wilde, Mayor
ATTEST:
EXHIBIT A
A tract of land lying in the NE 1/4 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 41.0
feet south of and parallel with the north line of said
section.
Said tract contains 839 square feet, 0.019 acres, more or
less.
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 signage.
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