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HomeMy WebLinkAboutResolution-1990-1204 RESOLUTION NO. 1204 SERIES OF l':J':JU 'l'1 'l'LE: A RESOLU'l'ION DECLARING THE INTENT OF THE Cl'I'Y OF WHEAT RIDGE TO ACQUIRE AN INTEREST IN A PORTION OF THE REAL PROPERTY AT 3195 KIPLING STREET, WHEAT RIDGE, COLORADO J N FEE SH1PLE, FROM 'I'HE PRESENT OWNERS THEREOF FOR THE PUBLIC PURPOSE OF COMPLETING THE WEST 32ND AVENUE STREET PROJECT CON'l'EMPLATED BY THE CITY, FUR- THER CONTINUANCE OF GOOD FAI'l'H NEGOTIATIONS TO ACQUIRE SAID PROPERTY, AND FURTHER AUTHORIZING THE INITIATION OF AN ACTION IN EMINENT DOI-1AIN TO ACQUIRE SAID PROPERTY IN THE EVENT GOOD FAITH NEGOTIATIONS DO NOT RESULT IN AN AGREEMENT TO ACQUIRE SAID PROPERTY. WHEREAS, the City of Wheat Ridge is involved in the design of a street construction, reconstruction, and improvement project involving West 32nd Avenue wlthin the City of Wheat Ridge, County of Jefferson, State of Colorado; WHEREAS, completion of said West 32nd Avenue Street Project is undertaken for the public purpose of improving said public street ln turtherance of the health, safety and weltare of the population at the City of Wheat Ridge and all those who use said West 32nd Avenue; WHEREAS, ROBERT AND CECILIA COPELAND are the tee owners of certain property at 3195 KIPLING STREET, Wheat Ridge, Colorado, WhlCh property is situate within the right of way necessary tor the completion of the Hest 32nd Avenue Improvement Project. WHEREAS, an appraisal has been obtained by the City for the purpose of determining the value of said property, which apprais- al has been used by the parties in negotiations between the City and the owners, the purpose of which negotiations has been to determine it a purchase price may be agreed upon for the acquisi- tion ot the required lnterest 1n sald property by the City; WHEREAS, said negotiations have, to this point, been unsuc- cesstul; WHEREAS, the City has determined that it is required to acquire in fee simple a portion at the property located at 3195 KIPLING STREET, vvheat Ridge, Colorado, ant U-,at, in the event that good faith negotiations do not result in a voluntary sale of said interest in said real property to the City, it is necessary that the City acquire said interest in said real property through the use at tbe City's powers ot eminent domain as reserved to the Ci ty ln Sectlon 10.4 at the Home Rule Charter at the City at Wheat Ridge, Colorado, and in Article II, Section 15 at the Constitution of the State of Colorado and in C.R.S. 3H-l-lUl, et ~ and 3H-o-IUl et seq. NOW THEREFORE, BE I'l' RESOLVED by the City Council ot the Clty of Wheat Ridge, that 1. The City Council does hereby declare its intent to a fee simple interest in a portion of the real property at 3195 KIPLING STREET, Wheat Ridge, Colorado l which to be acquired is described in Exhibit A attached here- its present owners and all others havi.ng an interest acquire situate interest to) trom therein. ~. The property to be acquired, as described in Exhibit A, is necessary tor the public purpose of completion of the roadway, and related improvements, to be completed as part of the West 32nd Avenue Street Improvement Project, which public works project has as its publlc purposes the improvement of the street, drainage and pedestrian access portions of the public street known as West 3~nd Avenue, from Kipling Street west to Simms street, within the City of Wheat Ridge, Colorado. 3. The property at 3195 KIPLING STREET is necessary tor the completion of said West 3~nd Avenue Street Project as de- signed. 4. The City Council specifically authorizes that negotia- tions between the City and owners of the property continue In good taith, but in the event said negotiations are unsuccessful, acquisition ot the property described in Exhibit A from the record owners thereof and all others having an interest therein, through the use ot the powers of eminent domain based upon the Ci ty' s powers of eminent domain granted by the Consti.tution of the state of Colorado, the City's Home Rule Charter, and the statutes of the State of Colorado, is hereby authorized. ~. A copy of the Resolution shall be forwarded to the record owner of tile property at 3195 KIPLING STREET forthwith. DONE AND RESOLVED this 14th day of May, 1990. ~~ Dan Wilde, Mayor A'l"I'EST: ( __ ,;, l., "...---.1 Wanda Sang, City c~drk Legal Description Parcel l2-A - Copeland, Robert and Cecelia A parcel of land lying in the SE 1/4 of Section 28, T3S, R69W, of the 6th P.M., City of Wheat Ridge, County of Jefferson, State of Colorado, described as follows: Beginning at a point on the north line of Lot 1, Block 12 of PARAMOUNT HEIGHTS SUBDIVISION "PART ONE", Jefferson County Records, which point is westerly 50 feet along the north line of the said SE 1/4, from the northeast corner thereof, and southerly 30 feet parallel with the east line of said SE 1/4, said point being the point of curvature of a curve that has a central angle of 91013'19" and a radius of 20 feet, which point is the TRUE POINT OF BEGINNING. Thence southeasterly along said curve, which is concave to the southwest, to the point of tangency which is the east line of said Lot 1; Thence southerly along the said east line 5 feet; Thence northwesterly 32.04 feet to the TRUE POINT OF BEGINNING. Said parcel contains 140 square feet or 0.003 acres more or less and shall be used for right-of-way purposes only. i , I i Page El:l .,~ "II ;~'~ iI.....' j?; ,.