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.
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