HomeMy WebLinkAboutResolution-1985-0944
7
RESOLUTION NO. 944
Series of 1985
TITLE:
A RESOLUTION AUTHORIZING THE CITY TO INITIATE EMINENT DOMAIN
PROCEEDINGS IN ORDER TO ACQUIRE PROPERTY INTEREST IN THE
BOWSER PROPERTY LOCATED AT 4504 EVERETT DRIVE IN WHEAT RIDGE
WHEREAS, the City of Wheat Ridge is currently involved in the
construction of the 45th and Everett Drainage 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 construction of the 45th and
Everett Drainage Improvement Project, the City requires the acquisition
and immediate possession of easements on certain land for storm drain-
age in the area of 45th and Everett Street; and
WHEREAS, easements across the property owned by Bowser is
required for the completion of said project; and
WHEREAS, an appraisal for the acquisition of easements of the
property at 4504 Everett Drive 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, negotiations have failed to produce a result satis-
factory to the needs of the City in connection with this project; and
WHEREAS, the city requires the acquisition and immediate posses-
sion 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. That the city Attorney, or his designee, be authorized to
initiate an action for immediate possession and condemnation of the
following parcel of land located at 4504 Everett Drive.
a.
which temporary
improvements.
Temporary easement to the parcel described in Exhibit
easement shall be used for construction of drainage
"A" ,
b. Permanent right-of-way easement to the parcel described
ln Exhibit "B", which permanent right-of-way easement shall be used for
drainage improvements.
DONE AND RESOLVED this
?4th
day of June, 1985.
ATTEST: ~
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Wanda Sang, City Cl~k
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Frank Stites, Mayor
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project No:
Location:
EXHIBIT "A"
01-104.01-85-5
45th & Everett
Drng. Improves.
TEMPORARY EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that Kenneth L. Bowser and Irene
Bowser, 4504 Everett Drive, Wheat Ridge, Colorado of Jefferson
County, State of Colorado, hereinafter called the "grantor", for and
in consideration of the sum of Two Hundred Nine Dollars and Eleven
Cents ($209.11) and other valuable consideration to the", in hand
paid by the City of Wheat Ridge, hereinafter called "City., do
hereby give and gr ant un to sa id City, TEMPORARY RIGHT-OF-WAY and
EASEMENT on, along, over and across the following described premises
to-wi t:
Beginning at a point on the North-South centerline of the
Northeast one-quarter of Section 22, Township 3 South,
Range 69 West, which point is the southwesterly corner of
Parcel Bi thence North along said North-South centerline a
distance of 42.6 feet, which point is 75 feet South of the
Southernmost corner of Lot 156, CLEARVALE SUBDIVISION,
Jefferson County, Colorado; thence North 55031' East along,
parallel to, and 75 feet South of the Southeasterly bound-
ary of said CLEARVALE SUBDIVISION a distance of 153 feet to
the TRUE POINT OF BEGINNING; thence South 64028' East a
distance of 80.35 feet to a point; thence South 64032' West
a distance of 58.88 feet to a point; thence North -34029'
west a distance of 60.37 feet to a point; thence North
55031.' East a distance of 18.0 feet to the TRUE POINT OF
BEGINNING.
Exhibit attached.
For the purpose of constructing a drainageway for storm water runoff
into Clear Creek, and for removing an existing 24-inch CMP storm
drain pipe across Parcel B.
Subject to the following terms and conditions:
This Temporary Easement
the construction period
upon completion thereof.
shall remain in effect only during
for the project and shall expire
IN WITNESS WHEREOF, We have hereun to set our hands th i s
day of A.D., 1985.
Grantor
G r antoI
STATE OF
SS
County of
The foregoing instrument was acknowledged before me this
day of
A.D., 1985, by
witness my hand and official seal.
My commission expires
Notary Public
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IE;VjPOR/~RY EA5E/I/lENT
Parcel B of Exh;/;;t.A
De.ed doled .Deaml:>er 8) /q78
RecepflOn No. 78//4859" Y'e{,f'erson ~>1-1'j
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Project No:
Location:
01-104.01-85-5
45th & Everett
Drng. Improves.
PERMANENT EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that Kenneth L. Bowser and Irene
Bowser, 4504 Everett Drive, Wheat Ridge, Colorado of Jefferson
County, State of Colorado, hereinafter called the "grantor" for and
in consideration of the sum of Five Hundred Forty-Six Dollars and
Fifteen Cents ($546.15) and other valuable consideration to them in
hand paid by the City of Wheat Ridge, hereinafter called "City", do
hereby give and grant to said City PERMANENT RIGHT-OF-WAY and
EASEMENT on, along, over and across the following described premises
to-wit:
Beginning at a point on the North-South centerline of the
Northeast one quarter of Section 22, Township 3 South,
Range 69 West, which point is the Southwesterly corner of
parcel B; thence North along said North-South centerline, a
distance of 42.6 feet, which point is 75 feet south of the
Southernmost corner of Lot 156 of CLEARVALE SUBDIVISION,
Jefferson County, Colorado; thence North 55031' East along,
parallel to and 75 feet South of the Southeasterly boundary
of said CLEARVALE SUBDIVISION, a distance of 153 feet to
the TRUE POINT OF BEGINNING; thence South 64028' East a
distance of 80.35 feet to a point; thence North 64032' East
a distance of 25.74 feet to a point; thence North -64028'
West a distance of 85.01 feet to a point; thence South
55031' west a distance of 23.09 feet to a TRUE POINT OF
BEGINNING.
Exhibit attached.
For the purpose of constructing a drainageway for storm water runoff
into Clear Creek.
Subject to the following terms and conditions:
This easement is subject to all easements and restrictions
of record. The premises shall be restored to original or
better condition upon completion of the project.
And the Grantors hereby covenant with the Grantees that they have
good title to the aforedescribed premises; that they have good and
lawful right to grant this easement.
IN WITNESS WHEREOF, We have hereunto set our hands this
of A.D., 1984.
Grantor
Grantor
STATE OF
ss
County of
The foregoing instrument was aCknowledged before me this
of
A.D., 1984, by
Witness my hand and official seal.
My commission expires
Notary Public
SEAL
Address
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