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HomeMy WebLinkAboutResolution-1990-1205 RESOLUTION NO. 1205 SERIES OF 1990 TITLE: A RESOLUTION DECLARING THE INTENT OF THE CITY OF WHEAT RIDGE TO ACQUIRE AN INTEREST IN A PORTION OF THE REAL PROPERTY A'l' 47 MORNINGSIDE DRIVE, WHEAT RIDGE, COLORADO IN FEE SIMPLE, FROM THE PRESEN'l' OWNERS THEREOF FOR THE PUBLIC PURPOSE OF COMPLETING THE WEST 32ND AVENUE S'l'REET PROJECT CONTEMPLA'l'ED BY THE CITY, FUR- THER CONTINUANCE OF GOOD FAITH NEGOTIATIONS TO ACQUIRE SAID PROPERTY, AND FURTHER AUTHORIZING THE INITIATION OF AN ACTION IN EMINENT DOMAIN 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, reconstructi.on, and improvement project involving West 32nd Avenue within 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 in furtherance of the health, safety and welfare of the population of the City of Wheat Ridge and all those who use said West 32nd Avenue; WHEREAS, J.O. SHETTERLY is the fee owner of certain property at 47 MORNINGSIDE DRIVE, Wheat Ridge, Colorado, which property is situate within the right of way necessary for the completion of the West 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 1n negotiations between the City and the owners, the purpose of which negotiations has been to determine if a purchase price may be agreed upon for the acquisi- tion of the required interest in said property by the City; WHEREAS, sa1d negotiations have, to this point, been unsuc- cessful; WHEREAS, the City has determined that 1t 1S required to acquire in fee simple a portion of the property located at 47 MORNINGSIDE DRIVE, Wheat Ridge, Colorado, ant that, 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 of the City's powers of eminent domain as reserved to the Ci ty in Section 16.4 of the Home Rule Charter of the City of Wheat Ridge, Colorado, and in Article II, Section 15 of the Constitution of the State of Colorado and in C.R.S. 38-1-1Ul, et ~ and 38-6-IUl et seq. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, that 1. The City CounciI does hereby declare its intent to a fee simple interest in a portion of the real property at 47 MORNINGSIDE DRIVE, Wheat Ridge, Colorado (WhlCh to be acquired is described in Exhibit A attached here- 1 ts present owners and all others having an interest acquire situate interest to) trom therein. 2. The property to be acquired, as described in Exhibit A, is necessary for 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 public purposes the improvement of the street, drainage and pedestrian access portions of the public street known as West 32nd Avenue, tram Kipling Street west to Simms Street, within the City at Wheat Ridge, Colorado. 3. The property at 47 MORNINGSIDE DRIVE is necessary tor the completion of said vJest 32nd Avenue Street Project as de- signed. 4. The City Council speciflcally authori zes that negotia- tions between the City and owners at the property continue in good faith, but in the event said negotiations are unsuccessful, acquisition of the property described in Exhibit A from the record owners thereof and all others having an interest therein, through the use of the powers of eminent domain based upon the Ci ty' s powers of eminent domain granted by the Constitution of the State at Colorado, the City' s Home Rule Charter, and the statutes of the State of Colorado, is hereby authorized. 5. A copy at the Resolution shall be forwarded to the record owner of the property at 47 MORNINGSIDE DRIVE forthwith. DONE AND RESOLVED this 14th day of May, 1990. ~~~J Dan Wilde, Mayor AT'l'EST: ,. .'~' ".. ; Wanda Sang, City Clerk ,-, - - Legal Description ParcelS - Shetterly, J. o. 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: That part of the north 43 feet of said SE 1/4 which is contained within Lot 19, Block 16, PARAMOUNT HEIGHTS SUBDIVISION "PART FOUR", Jefferson County Records, more particularly described as follows: Beginning at a point on a curve along the east line of said Lot 19, that is 43.0 feet south of, as measured normal to the north line of the said SE 1/4, said curve having a radius of 30 feet and being concave to the southwest, said point also being the TRUE POINT OF BEGINNING; Thence westerly parallel with the said north line 57.1 feet to the west line of said Lot 19; Thence northeasterly along the said west line 39.5 feet to a point on the said curve; Thence southeasterly along the said curve 23.9 feet to the TRUE POINT OF BEGINNING. Said parcel contains 400 square feet or 0.009 acres, more or less, and shall be used for right-of-way purposes only. I I I \ I I' ;', " Page El:l i " .; ""dI