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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). ~~j day of ~f r./ DONE AND RESOLVED this A.D. 1984. ATTEST: ,. \, \>" 0, '.!.".. ",., , "';J;;.'/,- {~~-~~~.e~~- --- ~,~ ~-/ ,,-,..L ' -..-: Stit: s, Mayor Frank -2- 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 fA.SfMEtJT ".104 J"~U~I2,{ Z4, I~eo o. 0<6:35 li>.c.. ~V.-M42CH 18/~e3 F \- :tl 01. t?i Gl ~ ,lis 50' pOINT OF eEG.INp.JIN~ E I ~ \G O.;Z "'Z. 3&" W Sv . 85.0 I 5'UTIUTY EASEMENT ~ll..LS BLOC. SUBD\\JIS\oN :3 ~ 5' oICKL1::.Y 15 S'UeOIVlc;IO~ W. 3~ T.. A. '.J E. 14 '" Z \L.I 3 o 6Y~~'.~~ c.\'''~ - -.,... - WRlnMT..........J ..,""'....., ,..' .....".........-- I i 1 ! I; . i I , I r.11 C ~ ( ( '1 I I \ , \ \ \ j I' , ~ ! ' i , ! ' i , I I II 1 ~ I I'. \.l I I, 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 -2- 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 -J- 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 -4-