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Home My WebLink AboutResolution-1984-0893 RESOLUTION NO. 893 Series of 1984 TITLE: RESOLUTION AUTHORIZING THE CITY TO INITIATE EMINENT DOMAIN PROCEEDINGS IN ORDER TO ACQUIRE PROPER'ry INTEREST IN THE DARR PROPERTY LOCATED AT 3605 OWENS 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 VJHEREAS, 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 Darr is required for the completion of said project; and WHEREAS, an appraisal for the acquisition of a portion of the property at 3605 Owens Street 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 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 Owens Street. 1. As permanent easement, a parcel described in the attached description: Lena Gulch Drainageway Acquisition No. 4.109 (Exhibit A). Said easement shall be used for storm drainage and such other purposes as specified in the proposed easement attached hereto (Exhibit B). 2. As permanent easement, a parcel described in the attached description: Lena Gulch Drainage Easement No. 4.l09 (Exhibit C). Said easement shall be used for storm drainage and such other purposes as specified in the proposed easement attached hereto (Exhibit B). 'I :2 r<:! DONE AND RESOLVED this ~ day of ~ A.D. 1984. ~ \~> ,{~ ., ,-"E......._ - .... Stites, Mayor Frank -2- -3_-- LaVerne M. DARR ------- 3605 ......ens St. LENA cJULCH DRAINAG-~WAY FLOOD CONTROL IMPROVEMENT PROJECT City of Wheat Ridge, Colorado LENA GULCH DRAINAGEWAY EASEMENT NO. 4.109 PROJECT 732-28.2 NOVEMBER 1, 1983 (REVISED) SHEET 1 OF 2 LEGAL DESCRIPTION OF LENA GULCH EASEMENT NO. 4.109 That part of vacated Owens Street, Bickley Subdivision, Jefferson County, Colorado described as follows: Beginning at the Northeast corner of Lot 15; said subdivision; thence, South 340 - 02.5' East along the boundary line described in Book 1591, Pages 457 and 458, a distance of 68.6 feet; thence, North 890 - 50.8' West, 13.5 feet to the centerline of vacated Owens Street; thence, North 300 - 36.5' West, 41.44 feet; thence, North 730 - 58.7 West, 4.0 feet to the West right-of-way line of said Owens Street; thence, North 00 - 09.2' East along said West line, 20 feet to the Point of Beginning. Containing 576 square feet or 0.0132 Acres, more or less. Said Easement is located on the property described in Book 1174, Page 257 of the Jefferson County Records. jJlI:/?~ ~\ C"'..... EXHIBI'l' "An wAIGHT- McLAUGHLIN ENGINEERS 2420 Alcott Street Denver Colorado 80211 : one (303) 458-6201 LENA GULCH DRAINAGEWAY FLOOD CONTROL IMPROVEMENT PROJECT City of Wheat Ridge, Colorado E'A.SEM~NT 4. \09 ~p.,N U A.R "( 2.4, \980 0.0732. AC. RE:.V. MAl<'CI-I IS, 1~d'5 REV. Nov. I) I'?> 83 ~ \"= 50' I- w UJ rJ. ~ F JEFFE12S0N GARDeNs CON OOMIl-J lVM BIC\::..LE '( SUBDI\} \s\oN 1::5 51-J73Q58.7W c5 I 4.0' N ~ 3003C,.5W 4/.44' wi I - I ~l '\~ 0'11 I () '3.S '\ 01 N890-S0.~W?tt 21 I \~~, ~ E: S dOol7.z'c --- -- &, w. 3(" T~ AVE z 14 \fl Z UJ 3 o BY ~~ t: fY1i~.. WRIGHT- McLAUGHLIN ENGINEERS 2420 Alcott SHeet Denver Colorado 80211 -S~EET "Z. OF' '2- Phcoe 1303\ 458-6201 DRAINAGE AND FLOOD CONTROL EASEMENT THIS DRAINAGE AND FLOOD CONTROL EASEMF:NT granted this day of , 1984, by Laverne Darr (hereinafter referred to as "Grantor", whether one or more individuals or entities) to TilE CITY OF VlHEAT RIDGE, a municipiil corporation, (hereinafter referred to as "The City"); WHEREAS, Grantor is the owner of the following c'lescribed 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 described portion thereof: (which portion is referred to herein as the "Property"); WHEREAS, it is the intent of The City to develop, construct, and maintain drainage and flood control improve- ments on the Property for t11e general health, safety and welfare of Grantor and the other citizens of The City of Wheat Ridge; NOW, THEREFORE: 1. Grantor does hereby grant and convey to The City a perpetual easement to the Property, as described above, for the purpose of authorizing The City to construct and maintain EXHIBIT "B" ti:el'eon any flood control clvtnnels, structures or,' olner irr.pro':ements deemed ne~es;lary by The Cit-.y to fully and SUCC<eSS fully il'1ple~ncnt trlC Leno Gul ch f'lood Cont~r()l Project contemplated by The City. 2. The Easement. grant."c1 hercllY includes, wit.hout limit;ltion, a grar.t of allthor.ity t,o 1'he Ci.ty; tc come upon t~he Property for the pllrpr.lse cf slHveying ann inspection; to COilstnlct such improvements, inclui'linq crlctnn,~llzotion, em))ilnkJl\ent.s, mrlintenance rOc:(ls, c.no olher. ":Looo cortrol i,mprovern",nts ,leemen necr',";siHY; v) CO!t1e llp0n l~11e Prc)perty for purposes of j,nsp,"ct:ing ilnil rnc,d,ntainin'J SI'.cl.. improvements; and Ellr thl" purpose of a1 t.owincJ any d;:-a ;,(wge an,l flood wat.er to cOt<w upon Clnd flow o\'eJ: saio Properly; as well ab any uther' llees not enllf11en3teo 1,er-ein whi.ch ar,=, consi.stent \"itl, the j,)url'o"es of this E"sement. 3. As consideratioJ.l for the conveyance herein specified, Ute Ci.t:y d')L-ee:'l U., l'Ciy Gridll:ods) the ~ill:TI at ?5 000.00 . -~---_._--- 4. The Grant or reco'Jniz.es iin(l c,<"'kn';wledge= that The ('ity i,s Cll1.1 enU,y en'Ja,wd in Cl ci.ty-wi,le pr.o'J~'aIl1 i:o COt1strllct floC)d cCJntcol impro"2Inen!'D llpon LenA '~l1lch which '.vould inure Lr) the benefit of Granl',r>r nnd all oj'1oer ci,t..Lzens of '''he City of \'J11eat Ridge, and tl,at 1'h,,: C::.t.y is cooperat.ing in this 'Je!ltuce with the Urbi'tl1 Drair:a<}',c: Gl;d Flood Control Disi:rict (1JIlFCO) to i:hiit end. Grantor: t1H'lrefore n<Jrees to cooperate wi th The Ci t,:y and UDl"CJ) ir. uny reasonable manner or mEans ,-2- which is consistent with the 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 buildings of any kind whatsoever, including fencing, on the Property conveyed hereby without the prior written consent of The City, which consent shall not be unreasonably withhelo. if the same may be given without endangering the public hea1.th or welfare or otherwise impairing the purposes of this Drainage and Flood COl1'trol Easement. 1'). The Ci t_y agrees that, during the term of this Easement, it shall repair and maintain the improvements constructeo. upon the Property hereby conveyed, ann The City shall likewise repair any damage 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 ann may utilize the Property conveyed herehy for any purpose ~lich is not inconsistent with, or which would be detrimental to, the purpose for which this Easement is granted. 8. 'Phe F.asement <Jranteo. hereby is perpetual, and shall be binding on the heirs and successors of the parties, and shall become a covenant running with the land upon its recorda'tion; provided, hOl...ever, that this Easement may be terminRt:ed only by a writing signed by both rarties, or -3- thei r Sllccessors, which wri t.in~J shall be duly recorded and sha 11 not be e ffecti ve \1nt: il so recor(1ed. G RAN'rO R ( S ) STATE OF COLORADO ss. COUNTY OF The day of foregoing was ncknowled']ec1 before me this , 1984, by My commission expires: Witness my hanc1 anc1 official seal. Notary Public STATE OF COLORADO ss. COUNTY OF The foregoing was acknowledgec1 before me this day of , 1984, by My commission expires: Witness my hand and official seal. No t'Rhi.=-y-publ i c Accepted by: TIiE CI'rY OF WHEAT RIDGE, a munici.pal corporation 13y__ ATTEST: WANDA SANG, CITY CLERK -4- r--- --, LaVERNE H. DARR LENA l:iULCH DRAINAGtWAV FLOOD CONTROL IMPROVEMENT PROJECT City of Wheat Ridge, Colorado LENA GULCH DRAINAGEWAY ACQUISITION NO. 4.109 PROJECT 732-28.2 NOVEMBER 1, 1983 (REVISED) SHEET 1 OF 2 LEGAL DESCRIPTION OF LENA GULCH ACQUISITION NO. 4.109 That part of Lot 15, Bickley Subdivision, Jefferson County, Colorado described as follows: Beginning at the Northeast corner of said Lot 15; thence South 00 09.2' West along the East line of said Lot 15, 20 feet; thence North 730 58.7' West, 43.37 feet; thence North 890 26' West, 98.1 feet, to a point on the West line of said Lot 15; thence North 00 09.2' East along said West line, 31 feet to the Northwest corner of said Lot 15; thence South 800 17.2' East, along the North line of said Lot 15, 141.81 feet, to the Point of Beginning. Containing 3,000 square feet or 0.0689 Acres, more or less. Said Acquisition is located on the property described in Book 1174 Page 257 of the Jefferson County Records. EXHIBIT "c' / 11/; '" '"-, ~. WRIGHT- McLAUGHLIN ENGINEERS 2420 AI~olt Street Denver Colorajo 80211 Phone (303) 458-620t LENA GULCH DRAINAGEWAY FLOOD CONTROL IMPROVEMENT PROJECT City of Wheat Ridge, Colorado AC.QUIS\lIO\-J 4-,109 j,o...NUA'i<..Y Z,4. 1960 RE:\J. NO\J. I, 1983 O.OU>B9 AC. N I"~50' \- w uJ c:l. t; F JEFfER'SON G,tl.,RDc.14 5 CON DOMINIUM 0 S dO. / 7. 2' E ('() N 8~o ZG,' 98,1 W N a) N 0 0) . Q 15 a ::2 0 a 6\C.~LEY 5U BDI \J \51 ON \fJ (;. ---------- ------------- W' 3(..Tll t::..\jE, ~ 14 Ul 7- ill 3 o ~~ 'T. lY)~~ BY SHeeT 'Z. Of' '2.. W~:Ilr.~T... M,..l Allr.HI 1P\l J:P\l(':.l"'.lI::~OC .,,,.,^ A'..^,. e.,^",