HomeMy WebLinkAboutResolution-1984-0890
RESOLUTION NO. 890
Series of 1984
TITLE:
RESOLUTION AUTHORIZING THE CITY TO INITIATE EMINENT
DOMAIN PROCEEDINGS IN ORDER TO ACQUIRE PROPERTY
INTEREST IN THE LUCAS PROPERTY LOCATED AT 10785
WEST 36TH AVENUE IN WHEAT RIDGE
WHEREAS, the City of Wheat Ridge is currently involved
in the construction of the Lena Gulch Flood Improvement
Project, which is a public project undertaken and executed
in furtherance of the public health, safety, and welfare;
and
WHEREAS, in order to complete said project, the City
requires the acquisition and immediate possession of easements
on certain lands for storm drainage along Lena Gulch; and
WHEREAS, the property owned by Lucas is required for
the completion of said project; and
WHEREAS, an appraisal for the acquisition of a portion
of the property at 10785 West 36th Avenue has been obtained
in order to complete this project; and
WHEREAS, extensive good faith negotiations have been
undertaken between the City and the property owner, during
which the City has offered to the property owner no less
than the appraised price for said property interest sought
to be obtained; and
l~EREAS, said negotiations have failed to produce a
result satisfactory to the needs of the City in connection
with this project; and
WHEREAS, the city requires the acquisition and immediate
possession of said property interest for the purpose of
completing said public project;
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Wheat Ridge that the City Attorney be authorized
to initiate an action for immediate possession and condemnation
of the following parcels of land located at 10785 West 36th
Avenue.
1. As permanent easement, a parcel described in the
attached description: Lena Gulch Drainageway Acquisition
No. 4.104 (Exhibit A). Said easement shall be used for
storm drainage and such other purposes as specified in the
proposed easement attached hereto (Exhibit B).
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day of
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DONE AND RESOLVED this
A.D. 1984.
ATTEST:
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Stit: s, Mayor
Frank
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NRfl T,. and PEARL ToPe' A C;
1 0 78 5 v-J '3 6 TtI AVE.
LENA GULC1, OFiAINAGEWAY
FLOOD
CONTROL
IMPROVEMENT
PROJECT
City of Wheat Ridge, Colorado
LENA GULCH DRAINAGEWAY
EASEMENT No. 4.104
PROJECT 732-28.2
MARCH 18, 1983
SHEET 1 OF 2
LEGAL DESCRIPTION OF LENA GULCrl EASEMENT NO. 4.104
--.. .-- ~ -- --- ----
That part of Lot 6, Block 3, Rolling Hills Subdivision and adjoining part of
vacated Owens Street, described as follows:
beginning at the Northeast corner of said Lot 6;
thence, South, along the East line of said Lot 6, 8.1 feet;
thence, South 82"-36' West, along the platted utility easement line, 85
feet;
thence, South 49.-43' West, 65.1 feet to a point on the West 1 ine of said
Lot 6, which line is also the East right-of-way line of Owens Street;
thence, Souttl 0.-09.2' West along said East line, 12 feet;
thence, North 89" -50.8' West, 11.5 feet to the boundary line described in
Book 1591, payes 457 and 458;
thence, North 34"-02.5' West along said line, 68.6 feet to the Nortneast
corner of Lot 15, Bickley Subdivision;
thence, South 80.-17.2' East along the North line of said Bickley Sub-
division, 25.4 feet to the centerline of vacated Owens Street;
thence, North 82.-36' East along the North line of said Rolling Hills, 160.2
feet, to the Point of Beginning.
Containing 3,638 square feet or 0.0835 Acres, more or less.
EXHIBIT "A"
INRIr.rlT_t.ArIAIIr.HI''''' F-Nr.lNF-~'-1(;,
?4;>n Alrnll ~lfPel
Deo.",el ColoraOo 80211
Ptlnop 13031 .658 6201
LENA GULCH rnAINAGEWAY
FLOOO CONTROl IMPROVEMENT PROJECT
City of Wheat Ridge, Colorado
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DRAINAGE AND Fr~OD CONTROL EASEMENT
'I'IIIS DRAINAGE AND FLOOD CONTROL EASEMENT granted this
day of
1984, by
Ned and
Pearl Lucas
(hereinafter referred to as
"Grantor", whether one or more individuals or entities) to
TIlE CITY OF \mEAT RIDGE, a municipal corporation, (hereinafter
referred to as "The City");
\'7HEREAS, Grantor is the owner of the following described
real property situate, lying and being in The City of Wheat
Ridge, County of Jefferson, State of Colorado, to-wit:
WHEREAS, the City wishes to purchase an easement over,
upon, and to the following descrihed portion thereof:
(which portion is referred to herein as the "Property");
WHEREAS, it is the intent of 'T'he City to develop,
construct, and maintain drainage and flood control improve-
ments on the Property for the general health, safety and
welfare of Grantor and the other citizens of The City of
Wheat Ridge;
NOW, 'T'HEREFORE:
1. Grantor does hereby grant and convey to The City a
perpetual easement to the Property, as described above, for
the purpose of authorizing 'T'he City to construct and maintain
EXHIBIT "B"
thereon any flood control channels, structures or other
improvements deemed necessary by The City to fully and
successfully implement t11e Lena Gulch Flood Control Project
contemplated by The City.
2. The Easement granted hereby includes, without
limitation, a grant of authority to The City; to come upon
the Property for the purpose of surveying and inspection; to
construct such improvements, including channelization,
embankments, maintenance roads, and other flood control
improvements deemed necessary; to come upon the Property for
purposes of inspecting an('! maintaining such improvements;
and for the purpose of allowing any drainage and flood water
to come upon and flow over said Property; as well as any
other uses not enumeratel1 herein which are consistent ,vi th
the purposes of this Easement.
3. As consideration for the conveyance herein specified,
the City agrees to pay Grantor(s) the sum of $ 11.000.00
4. The Grantor reco<]nizes and acknowle(1<]es that The
City is currently engaged in a city-wide program to construct
flood control improvements upon Lena Gulch which would inure
to the benefit of Grantor and all other citizens of The City
of Wheat Ridge, and that ,\'he City is cooperating in this
venture with the Urban Draina<Je and Flood Control District
(UDfCD) to that end.
Grantor t.herefore agrees to cooperate
with The City and UDFCD in any reasonable manner or means
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which is consistent I.;i th tl1e rurposes of this Easement, even
thoug11 any particular use or improveme!1't thereby contemplated
may not be specifical'y set forth herein.
5. Grantor agrees that he shall construct no
improvements or buildin~s of any kjnd whatsoever, including
fencing, on the Property conveyed hecehy without the prior
written consent of ']'he City, which consent shall not be
unreasonably wit.hheld if the same may be gj ven without
endangerin'l toe public heC!. lleh or wel fare or ot11erwise impairing
the purposes of tllis Dcainage and Flood Control Easement.
6. 'T'he ci ty agrees that, fill r i n'1 t118 tenn of this
Easement , it shall rE:pa ir and ma in1:,ain the improvelnents
constructed upon the Ploperty heceby conveyed, and '1'he City
shall likewise cepair any ilamage I.;hj.ch it causes to Grantor's
remaining property during construction or repair of any
ili1provements made pursllan1~ to this r':asement.
7. During the term of this Easement, the Grantor
shall have access to an(1 may uti l ize the Property conveyed
hereby for any purpose which is not inconsistent with, or
I.;hich would be c1etriment,al tl), the purpose for which this
Easem~nt is grantec1.
R. 'Phe leasement 'lriu1ted her.eby is perpetual, and
shall he ])inding on the hei.rs and Sllccessors of the parties,
ann. s11all he come (l covenanL running with the land upon its
recordation; provided, hOlo/ever, t1,Clr_ t1lis Easement may be
terminaten. only by a writing signed by both parties, or
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their successors, which writing s11all he duly recorded and
sha.ll not be effective until so recorded.
GRAN'l'OR(S)
STATE OF COLORADO
ss.
COUN'l'Y OF
'rhe foregoing was acknowledged before me this
day of 1984, by
My commission expires:
Witness my ha.nd and official seal.
Notary Public
S'l'A'rE OF COLORADO
SSe
COUNTY Or'
The foregoing was acknowledged before me this
day of , 1984, by
My commission expires:
h'itness my hand and official seal.
Notary Public
Accepted by:
THE CITY OF WHEAT RIDGE,
a municipal corporation
By
ATTEST:
WANDA SANG, CITY CLERK
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