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HomeMy WebLinkAboutResolution-1985-0933 RESOLUTION NO. 933 Series of 1985 TITLE: A RESOLUTION RESCINDING RESOLUTION NO. 893, SERIES OF 1984, AND AUTHORIZING THE CITY TO INITIATE EMINENT DOMAIN PROCEEDINGS IN ORDER TO ACOUIRE PROPERTY INTEREST IN THE DARR PROPERTY LOCATED AT 3605 OWENS STREET IN HHEAT RIDGE. WHEREAS, as it appears in this Resolution 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, the City Council had previously adopted Resolution No. 893, Series of 1984, calling for the acquisition of certain easements, which Resolution should be, and is hereby rescinded; and WHEREAS, in order to complete construction of the Lena Gulch Flood Improvement Project, the City requires the acquisition and immediate possession of both fee simple interests and 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 as follows: 1. Resolution No. 893, Series of 1984, is hereby rescinded and superseded by the within Resolution; and 2. That the City Attorney, or his designee, be authorized to initiate an action for immediate possession and condemnation of the following parcels of land located at 3605 Owens Street: a. Fee title to the parcel described in Exhibit A attached hereto and made a part hereof; b. Temporary easement to the parcel described in Exhibit B, which temporary easement shall be used for fill and grade purposes only. DONE AND RESOLVED this 28th day of January 1985. - --I <'< .; J Ci.., Frank Stites, Mayor ATTEST: I' f /tLL:-Iw' Wanda Sang ?t-(J