HomeMy WebLinkAboutResolution-1984-0891
RESOLUTION NO.
891
Series of 1984
TITLE:
RESOLUTION AUTHORIZING THE CITY TO INITIATE EMINENT
DOMAIN PROCEEDINGS IN ORDER TO ACQUIRE PROPERTY
INTERES~ IN THE GALLOWAY PROPERTY LOCATED AT 3605
NELSON STREET 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 Galloway is required for
the completion of said project; and
WHEREAS, an appraisal for the acquisition of a portion
of the property at 3605 Nelson Street has been obtained in
order to complete this project; and
~mEREAS, 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
WHEREAS, 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 3605 Nelson Street.
1. As permanent easement, a parcel described in the
attached description: Lena Gulch Drainageway Acquisition
No. 3.110 (Exhibit A). Said easement shall be used for
storm drainage and such other purposes as specified in the
proposed easement which is attached hereto (Exhibit B).
2. As construction easement, a parcel described in
the attached description: Lena Gulch Drainageway Acquisition
No. 3.110C (Exhibit C). Said easement shall be used during
construction of storm drainage improvement.
/23 d day of
(Exhibit 1))
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DONE AND RESOLVED this
A.D. 1984.
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Frank S~ites, Mayor
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ATTEST:
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Te.ye.-so.. L. G",,((o w,^-'{
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t_ENA c3UL_CH DRAINAG-E\^!AY
FLOOD CONTROL
IMPROVEMENT
PROJECT
_City of Wheat Ridge, Colorado
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LENA GULCH DRAINAGEWAY
EASEMENT NO. 3.110 I, /1
PROJECT 73.28.2
MARCH 15, 1984
SHEET 1 OF 2
LEGAL DESCRIPTION OF LENA GULCH EASEMENT NO. 3.110
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That part of Lot 1, Block 3, Rolling Hills Subdivision, Jefferson County,
Colorado, described as follows:
Beginning at Northeast corner of said Lot 1:
thence South along the East line of said Lot 1, 40.0 feet;
thence S 210 -37' W, 95.3 feet to an angle point in the platted easement line;
thenceS420 -42\ W, along said easement line, 38.6 feet, to an angle point;
thence N 710 -15\ W, 8.8 feet to the angle point in the Northwesterly boundary
of said Lot 1;
thence along said boundary as follows:
N 420 -42\E, 39.0 feet;
N 10 -18 'w, 49.0 feet;
N 160 -47' E, 30.0 Feet;
N 330 -02' E, 55.0 feet;
N 720 -07' E, 6.0 feet to the Point of Beginning.
Containing 3,121 square feet or 0.0717 acre, more or less.
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EXHIBIT "A"
McLAUGHLIN ENGINEERS
2420 Alcott Slree
Denver ColoradO 802"
Pnone l:::'Ol! 458-6201
LE-.N' ~I) r::U' ~H D~;'l~IN'. ^lGE.,.,^,AV
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IMPROVEMENT PROJECT
City of Wheat Ridge, Colorado
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FLOOD CONTROL
EA"SEMEI'JT ~, \10
MARC,", IS) 1984
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Pnon~ 13031 .58-8101
DRAINAGE AND FLOOD CONTROL EASEMENT
TIllS DRAINAGE AND FLOOD CON'fROL EASEMENT granted this
__ day of
D. Michael Galloway
, 1984, by Hr. and Mrs.
(hereinafter referred to as
"Grantor", whether one or more indivin.uals or entities) to
'fIlE CI'fY OF \vHEAT RIDGE, a municipal corporation, (hereinafter
re ferred to as "The City");
WHEREAS, Grantor is the owner of the following nescribed
real property situate, lying and being in The City of Wheat
Ringe, County of Jefferson, State of Colorado, to-wit:
WHEREAS, the City wishes to purchase an easement over,
upon, ann to the following nescrihed portion thereof:
(which portion is referred to herein as the "Property");
WHEREAS , it is tJ',e intent: of The City to nevelo[J,
construct, ann maintain drainage and flood control improve-
ments on the Property for the general health, safety and
welfare of Grant.or and the other citizens of The City of
Wheat Rirlge;
NOH, THEREFORE:
1. Grantor does hereby grant and convey to The City a
perpetual easement to the Property, as descrihed above, for
the purpose of aul:horizing 1'he City to construct and maintain
EXHIBIT "B"
thereon any Eloon control channels, structures or other
improvements Cleemen necessary by ~~e City to fully and
successfully implement the Lena Gulch Plood Control Project
contemplaten hy The City.
2. The Fasement granten hereby includes, without
limitation, a grant of authority to The City; to come upon
the Property for the purpose of surveying ann inspection; to
construct such improvements, incluCling channelization,
embankments, maintenance roads, and other flood control
improvements deemed necessary; to come upon the Property for
purposes of inspecting ann 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 enumerated herein which are consistent with
the purposes of this Easement.
3. As consideration for the conveyance herein specified,
the City agrees to pay Grantor(s) the sum of $ 5,123.00
4. The Grantor recognizes and acknowledges that The
City is currently engageCl in a city-wide program to construct
floon control improvements upon Lena Gulch which would inure
to the benefit of Grantor and all other citizens of The City
of Wheat Ringe, and that 1'he Cit_y is cooperating In this
venture with the Urban nrainage and Flood Control District
(unFCD) to that end.
Grantor therefore agrees to cooperate
with The City and unFCD in any reasonable manner or means
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which is consistent with t:he purposes of this Easement, even
though any particular use or improvement thereby contemplated
may not be specifically set forth herein.
5. Grantor agrees that he shall construct no
improvements or build i,n'Js of any kind whatsoever, including
fencing, on the property conveyed hereby without the prior
written consent of 1'he Cil:y, which consent shall not be
unreasonahly withheld i,f t_he same may be given witl)out
endangering the puhlic health or welfare or otherwise impairing
the purposes of this Drainage and Flood Control Easement.
6. The City agrees t11at, during the term of tl1is
Easement, it shall repair Clnd maintain the improvements
construct_ed upon the Property herehy conveyed, and The City
s11all likewise repair any aamage which it causes to Grantor's
remaining property during construction or repair of any
improvements made pursuant to this Easement.
7. During the term of this Easement, the Grantor
shall have access to and may utilize the Property conveyed
hereby for any purpose which is not inconsistent with, or
which would be detrimental to, the purpose for which this
Easement ~s granted.
8. The Easement granted hereby is perpetual, and
shall be binding on the heirs and successors of the parties,
and shall becolne a covenant running with the land upon its
recordation; provided, however, that this Easement may be
terminated only by a writing signed by both parties, or
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their successors, which writing shall he (luly recorded and
shall not be effective until so recorded.
GRAN'l'OR(S)
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STATE OF COLORADO
COUNTY OF
The foregoing was acknowledged before me this
day of 1984, by
My commission expires:
Witness my hand and official seal.
Notary Public
STATE OF COLORADO
SSe
COUNTY OF
The foregoing was acknowledged before me this
day of , 1984, by
My commission expires:
Witness my hand and official seal.
Notary Public
Accepted by:
THE CITY OF ,vlml\T RIDGE,
a municipal corporation
By
ATTEST:
Wl\NDA Sl\NG, C1TY CLERK
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LENA GULCH DRAINI\GEV\~~Y
PROJECT
City of 'Wheat Ridge, Colorado
LENA GULCH DRA I NAGEW~Y , T":! r
CONSTRUCTION EASEMENT NO. 3.l10C
PROJECT 732-28.2
JANUARY 24, 1980
REVISED FEBRUARY 10, 1981
REVISED MARCH 15, 1984
SHEET 1 OF 2
LEGAL DESCRIPTION OF LENA GULCH CONSTRUCTION EASEMENT NO. 3.11QC
IMPROVEMENT
FLOOD CONTROL
That part of Lot 1, Block 3, Rolling Hills Subdivision, Jefferson County,
Colorado described as follows:
Beginning at a point on the East line of said Lot 1 that lies South 40.0
feet from the Northeast corner of said Lot 1:
thence South along said East line 160.0 feet;
thence South 670-13' West, 57.9 feet;
thence South 530-21' West, 58.1 feet to a point on the West line of said
Lot 1;
thence North along said West line, 52 feet to the Northwest corner of said
Lot 1;
thence along the Northwesterly boundary of said Lot 1 as follows:
N 860-12' E, 22.0 feet;
N 4@0-37' E, 16.0 feet;
N 5 -13' W, 39.0 feet;
~ 420-42' E, 39.0 feet to an angle point;
thence S 690_18' E, 8.6 feet to the angle point in the platted easement line;
thence N 210-37' E, 95.3 feet to the Point of Beginning.
Containing 7,006 square feet or 0.161 acre, more or less.
EXHIBIT "c'
M:lAUGHllN ENGINEERS
2420 AICDtt Street
~en\ler ColoradO 80211
Pncr'E 13:3 A5E-b20
l_ENA (~Ul3BCI-l DR/\INAGEV'lAY
PROJECT
City of Wheat Ridge, Colorado
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FLOOD CONTROL
IMPROVEMENT
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CONSTRUCTION EASEMENT
THIS EASEMENT granted this day of
1984, by TERESA L. GALLOWAY, f/k/a TERESA L. ULRICH,
after referred to as "Grantor") to THE CITY OF WHEAT
a municipal corporation, (hereinafter referred to as
(herein-
RIDGE,
"Grantee" ) .
In and for the consideration of the mutual covenants
and benefits described herein, Grantor does hereby grant,
bargain, sell, assign, and convey to Grantee an Easement to
use and to enter upon the real property described on Exhibit
A which is attached hereto and expressly incorporated herein,
for the sum of $ 678.00. It is expressly understood and
agreed by and between the parties, and is expressly made a
portion of the grant hereby conveyed, that the Easement
nereby granted is for the purpose of allowing Grantee to
enter upon the Property described for the purpose of
constructing flood control improvements which will be of
benefit to Grantor and other citizens of The City of Wheat
Ridge, as well as to residents of surrounding areas.
The Easement granted hereby shall entitle Grantee to
enter upon the described Property for the purpose of construct-
ing such improvements as may be contemplated and required by
Grantee. During the term of this Easement, which shall
continue during any construction activities carried on and
maintained by Grantee on said flood control project, Grantee
agrees that it shall be responsible to repair or compensate
Grantor for any damages caused by Grantee's utilization of
this Easement to Grantor's surrounding property.
The parties anticipate tnat tnis Easement shall be in
effect for a period of six (6) months from the date of commence-
ment of construction activities, which date shall be specified
by a written document from Grantee to Grantor. In the event
it is necessary for Grantee to utilize this Construction
Easement for a period in excess of the six (6) months presently
contemplated, Grantee snall pay to Grantor an additional sum
of $l13.00 for each thirty (30) days, or any part thereof,
during which this Construction Easement remains in force.
EXHIBIT "D"
This Construction Easement shall remain in force and
effect until released of record by Grantee and Grantor.
GRANTOR:
GRANTEE:
TERESA L. GALLOWAY, f/k/a
TERESA L. ULRICH
THE CITY OF WHEAT RIDGE,
a municipal corporation
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By
Teresa L. Galloway
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By __ --- I. f Ii '.1-- ...: ~_'~__
Frank ~tites, Mayor
ATTEST:
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