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Home My WebLink AboutResolution-1984-0894 RESOLUTION NO. 894 Series of 1984 TITLE: RESOLUTION AUTHORIZING THE CITY TO INITIATE EMINENT DOMAIN PROCEEDINGS IN ORDER TO ACQUIRE PROPERTY INTEREST IN THE MIHALCO PROPERTY LOCATED AT 10695 '^lEST 36TH AVENUE IN WHEAT RIDGE ivHEREAS, 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 Mihalco is required for the completion of said project; and WHEREAS, an appraisal for the acquisition of a portion of the property at l0695 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 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 l0695 West 36th Avenue. 1. As construction easement, a parcel described in the attached description: Lena Gulch Drainageway Acquisition No. 4.10lC (Exhibit A). Said easement shall be used during construction of storm drainage improvement. (Exhibit B) 2. As permanent easement, a parcel described in the attached description: Lena Gulch Drainageway Acquisition No. 4.101 (Exhibit C). Said easement shall be used for storm drainage and for such other purposes as set forth in the proposed easement which DONE AND RESOLVED this is attached hereto :J.3-+!C day of (Exhibit 0). Q~ A.D. 1984. \., ' \. ,.:'" \ ",,' ": .. "acl> ,',). ~/~i-~{~ Frank Stites, Mayor -2- CONSTRUCTION EASEMENT THIS EASEMENT granted this day of 1984, by RICHARD G. MIHALCO AND MILDRED MIHALCO, (hereinafter referred to as "Grantor") to THE CITY OF WHEAT RIDGE, a municipal corporation, (hereinafter referred to as "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 $ 600.00 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 hereby 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 granten hereby shall entitle Grantee to enter upon the described property for the purpose of constructing 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 that this Easement shall be in effect for a period of six (6) months from the date of commencement 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 shall pay to Grantor an additional sum of $ 100.00 for each thirty (30) days, or any part thereof, during which this Construction Easement remains in force. EXHIBI'I' "B" This Construction Easement shall remain in force and effect until released of record by Grantee and Grantor. GRANTOR: GRANTE.E: RICHARD G. MIHALCO and MILDRED MIHALCO THE CITY OF WHEAT RIDGE, a municipal corporation By ~' By \~l.h2 "- <.:,...f;z 1::' 'L Frank Stites, Mayor ATTEST: -2- R \ d,u ,,~\ C:~ ,,;, m, I ,\1' ~"\ /)12I'lf;( I,". ,'2!(.::9S.~ ,~'- '>("-- ,r'C--. .~, ~, , _ ' '/"\t(_,(."'f r '-" LENA GULCI-I DRAINAGEWAY FLOOD CONTROL IMPROVEMENT PROJECT City of Wheat Ridge, Colorado LENA GULCH DRAINAGEWAY CONSTRUCTION EASEMENT NO. 4.101C PROJECT 732-28.2 JANUARY 31, 1980 SHEET 1 OF 2 LEGAL DESCRIPTION OF LENA GULCH CONSTRUCTION EASEMENT NO. 4.101C That part of Lot 3, Block 3, Roll ing Hills Subd ivision, Jefferson County, Colorado described as follows: Commenc i ng at the Northe ast corner of sa id Lot 3; thence Southerly along the East 1 ine of said Lot 3, 10 feet to the True Point of Beginning; thence Southerly along the East 1 ine of said Lot 3, 62 feet; thence on a deflection right 90. 00', 90 feet to a po int on the West 1 ine of said Lot 3; thence Northerly along the \~e st line of said Lot 3, 44 feet; thence on a deflection right 78. 41' 24.2", 91.78 feet to the Point of Beginning, containing 4770 square feet or 0.109 Acres more or less. Said Construction Easement is contained in the property described in Book 2644 Page 195 of the Jefferson County Records. EXHIBIT "A" REVISED: FEBRUARY 10, 1981 WRIGH1- MclAUGHLIN fNCltH:fRS ?4/'n Air,..,,' <::'....."'1 LENA GULCH DRAINAGEWAY FLOOD CONTROL IMPROVEMENT PROJECT City of Wheat Ridge, I I I I I I I ) / / 5' UTILITY ( EASEM ENT \ \ \ / / CON'STR.U c.. TION EA.SE MeN T 4. \0\ C- jf\l\lV~~,( 3\, 1950 o 109 AC RE.\!ISE.D FEBJ2UARY 10j 19B1 N I". !5()' Teue POINT OF Be~ IN t.J I tJCj '\ , -- '\..----- ~ ~ \\J ~ '- 4 90' 3 ROLL.llJG SUBD'\JI~I N Bloc:..~ 3 W. 3(PTlI ;"VENUt: BY ,~. tn~ Colorado , t IJ) r:J I- If) ~ z o VI .J uJ Z DRAINAGE AND FLOOD CONTROL EASEMENT TIIIS DRAINAGE AND FLOOD CONTROL EASEMENT granted this day of , 1984, by Mr. and Mrs. Richard G. Mihalco (hereinafter referred to as "Grantor", whether one or more individuals or entities) to TilE CITY OF i'IHEAT RIDGS, a municipal corporation, (hereinafter referred to as "The City"); HHEREAS, Grantor is the owner of the following nescribed real property situate, lying and being in The City of Wheat Ridge, County of Jefferson, State of Colorano, to-wit: WHEREAS, the City wishes to purchase an easement over, upon, and to the following describen 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 ann 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 Ri'lge; 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 ann maintain EXHIBIT "D" thereon any flood control channels, structures or other improvements deemed necessary by The City to fully and successfully implement the 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 corne upon the Property for purposes of inspecting and 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 enumerate(l herein w1\ich 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 $ 8,000.00 4. The Grantor recognizes and acknowledges that The City is currently engaged in a city-wide program to construct flood control improvelnents upon Lena Gulch which would inure to the benefit of Grantor and all other citizens of The City of Wheat Ridge, and that~ The City is cooperating in this venture with the Urban Drainage and Flood Control District (nDPCD) to that end. Grantor therefore agrees to cooperate with The City and UDFCD in any 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 llereby without the prior written consent of The City, which consent shall not be unreasonably withheld if the same may be given without ent'langering the public hea lth or welfare or otherwise impairing the purposes of this Drainage and Flood Control ERsement. 6. The City agrees that, during the term of this Easement, it shall repair and maintain the improvements constructed upon the Property hereby conveyed, and The City shall likewise repair any damage which it causes to Grantor's remaining property during construction or repair of any improvements mane pursuant to this Ei'lsement. 7. During tIle term of this Easement, the Grantor shall have access to ann mi'lY utilize the Property conveyed hereby for any purpose Wllich is not inconsistent with, or which wouln be detrimental to, the purpose for which this Easement is granten. 8. 'l'he Easement grRnten hereby is perpetual, and shall he binding on the heirs ann successors of the parties, and shall hecome a coven<mt running witl1 the land upon its recordation; provided, however, that this Easement may be terminaten only by a writing si<Jnen by both parties, or -3- their sLlccessors, which writing shall be duly recorded and shall not be effective until so recorded. GRANTOR(S) STATE OF COLORADO ss. COUNTY OF The foregoing was Rcknowledged before me this day of 1984, by My commission expires: Witness my hand and official seal. Notary Public STATE OF COLORADO ss. 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 CI'rY OF \vrlEAT RIDGE, a municipal corporation By AT'l'EST: \vANDA SANG, Cl'PY CLERK -4- 1 yt.:'" Ly- <'--0 LENA c)ULCH DRAINAG-tWAY FLOOD CONTROL IMPROVEMENT PROJECT City of Wheat Ridge, Colorado LENA GULCH DRAINAGEWAY AC0UISITION NO. 4.101 PROJECT 732-28.2 JANUARY 24, 1980 SHEET 1 OF 2 LEGAL DESCRIPTION OF LENA GULCH ACQUISITION NO. 4.101 That part of Lot 3, Block 3, Rolling Hills Subdivision, Jefferson County, Colorado described as follows: Beginning at the Northeast corner of said Lot 3; thence Southerly along the East line of said Lot 3,10 feet; thence on a deflection right of 78" 41' 24.2", 91.78 feet to the West line of said Lot 3; thence Northerly along said West line, 30 feet to the Northeast corner of sa id Lot 3; thence Northeasterly, Easterly, and Southeasterly along the courses of the North boundary of said Lot 3, to the Point of Beginning. Containing 2,887 square feet, or 0.0662 Acres, more or less. Said Acquisit ion is contained in the property described in Book 2644 Page 195 of the Jefferson County Records. EXHIBIT "e" REVISED: FEBRUARY 10, 1981 WRIGH1-MclAUGHUN ENGINE:.ERS 2420 Alcon Street Denver ColoradO 80211 Phone (303) 458~6201 I. I LENA GULCH DRAINAGEWAY I FLOOD CONTROL IMPROVEMENT PROJECT City of Wheat RIdge, Colorado ACQUIS'TIOW 4..101 I JAt-JUAg Y Z4, I ~80 O.O(o&>2 AC. I !<E.VISf.,D f'EBRUAE:Y 10. 1ge1 I I I 5' UTILITY EASE. MEt-JT I -- I 5 I I I r~50' t I I I I ) / / ( I \ \ ) / . ! I I 5 -- -- - --- -- - 4- :3 '2 \ ROLLI t>JG WILLS su D\'JI~IO~ BLOCK :3 w 56."" AVE, ~y ~o<--1.M~ ~ \\r_~_ _ ,..r_