HomeMy WebLinkAboutResolution-1990-1206
RESOLUTION NO. 1206
SERIES OF 1990
'1'I'l'LE:
A RESOLUTION DECLARING THE IN'1'ENT OF THE CITY OF
\I/HEA'1' RIDGE '1'0 ACQUIRE AN ] NTEREST IN A PORTION OF 'I'HE
REAL PROPER'1'Y A 'I' 10340 WEST 32ND AVENUE, \VHEAT RIDGE,
COLORADO IN FEE SIMPLE, FROM THE PRESEN'I' OWNERS THEREOF
FOR THE PUBLIC PURPOSE OF COMPLETING THE WEST 32ND
AVENUE STREET PROJECT CONTEMPLATED BY THE CITY, FUR-
'l'HER CONTINUANCE OF GOOD FAITH NEGO'I'IATIONS TO ACQUIRE
SAID PROPERTY, AND FURTHER AUTHORIZING THE INITIATION
OF AN ACTION IN Er-llNENT DOMAIN TO ACQUIRE SAID PROPER'I'Y
IN THE EVENT GOOD FAITH NEGOTIATIONS DO NOT RESULT IN
AN AGREEMENT TO ACQUIRE SAID PROPER'I'Y.
WHEREAS, the City ot Wheat Ridge is involved in the design
of a street construction, reconstruction, and improvement project
involving West 32nd Avenue within the City of Wheat Ridge, County
of Jefferson, State of Coloradoi
WHEREAS, completion of said West 32nd Avenue Street Project
is undertaken for the public purpose of improving said public
street in furtherance ot the health, satety and weltare of the
population ot the City of Wheat Ridge and all those who use said
West 32nd Avenuei
WHEREAS, SHARON L. MIKRUT is the tee owner of certain property
at 10340 WEST 32ND AVENUE, Wheat Ridge, Colorado, which property
lS situate Wl thin the right ot way necessary tor 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 in negotiations between the City
and the owners, the purpose ot whlch negotiations has been to
determine it a purchase price may be agreed upon tor tile acquisi-
tion of the required interest in said property by the CitYi
WHEREAS, said negotiations have, to this point, been unsuc-
cesstuli
WHEREAS, the City has determined that It is required to
acquire in tee simple a portion of the property located at 10340
WEST 32ND AVENUE, Wheat Ridge, Colorado, ant that, in the event
that good faith negotiations do not result In a voluntary sale ot
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 ot the Home Rule Charter of the City ot
Wheat Ridge, Colorado, and in Article II, Section 15 ot the
Constitution of the State of Colorado and in C.R.S. 3B-I-IOl, et
~ and 3B-6-101 et seq.
NOW THEREFORE, BE IT RESOLVED by the City Councll of the
City of Wheat Ridge, that
1. The City Council does hereby declare lts intent to
acquire a fee simple interest in a portion ot the real property
situate at 10340 WEST 32ND AVENUE, Wheat Ridge, Colorado \which
interest to be acquired is described in Exhibit A attached here-
to) trom its present owners and all others having an interest
therein.
2. The property to be acquired, as described In Exhibit A,
is necessary for the public purpose of completion ot the roadway,
and related improvements, to be completed as part ot the \'/est
32nd Avenue Street Improvement Project, which public works
project has as its public purposes the improvement ot the street,
drainage and pedestrian access portions ot the public street
known as West 32nd Avenue, trom Kipling Street west to Simms
street, within the City of Wheat Ridge, Colorado.
3. The property at 10340 WEST 32ND AVENUE is necessary tor
the completion ot said ~Iest 32nd Avenue Street Project as de-
signed.
4. The City Council specitlcally authorizes that negotia-
tions behveen the City and owners of t11e property continue in
good taith, but in the event said negotlations 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 I S powers of eminent domain granted by the Consti tut.ion of
the State ot Colorado, the City's Horne Rule Charter, and the
statutes of the State of Colorado, is hereby authorized.
j. A copy at the Resolution shall be forwarded to the
record owner ot the property at 10340 WEST 32ND AVENUE forthwith.
DONE AND RESOLVED this 14th day of May, l~~U.
~~
Dan Wilde, Mayor
A'l"l'EST:
'.
Wanda Sang, City Clerk
Legal Description
Parcel 7 - Mikrut, Sharon
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 west line of Lot 2, Block 13,
PARAMOUNT HEIGHTS SUBDIVISION "PART ONE", Jefferson County
Records, which point is westerly 1196.9 feet along the north line
of said SE 1/4 from the northeast corner thereof and south at a
right angle 40.4 feet, which point is the TRUE POINT OF
BEGINNING;
Thence easterly 170.24 feet to a point on the east line of
said Lot 2, which point is 38.2 feet south of, as measured normal
to the north line of the said SE 1/4;
Thence northerly 8.2 feet along said east property line
to the northeast corner of said Lot 2;
Thence westerly 173 feet along the north line of said Lot 2
to the northwest corner thereof;
Thence southeasterly 10.8 feet along the west line of saia
Lot 2 to the TRUE POINT OF BEGINNING.
Said parcel contains 1610 square feet or 0.037 acres, more
or less, and shall be used for right-of-way purposes only.
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