HomeMy WebLinkAboutResolution-1990-1219
RESOLUTION NO. lilY
SERIES OF lYYU
'I'I'1'LE:
A RESOLUTION DECLARING THE INTENT OF TH~ CITY OF
\H1EA'I' RIDGE '1'0 ACQUJRE AN IN'l'ERE:ST IN A POR'1'ION OF '1'HE
REAL PROPER'l'Y AT 70bO WEST 38TH AVENUE, WHEA'l' RIDGE,
COLORADO IN FEE SIMPLE, FROM 'I'BE PRESEN'I' OWNERS 'I'HEREOF
FOR THE PUBLIC PURPOSE OF COMPLETING THE WEST 38TH
AVENUE S'I'REE'I' PROJEC'I' CCN'l'EMPLM'ED BY THE CITY, FUR-
'i'HER CON'fINUANCE OF GOOD FAI'l'H NEGO'I'IA'l'IONS TO ACQUIRE:
SAID PROPER'I'Y, AND FUR'l'lUJR AUTHORIL;ING 'l'HE INI'l'IA'1'ION
OF AN AC'l'ION IN E:MINEN'1' DOl-lAIN 'I'D ACQUIRE SAID PROPER'l'Y
IN 'I'HE EVEN'I' GOOD FAITH NEGO'l'IATIONS DO NO'l' RhSUL'l' I}.;
AN AGREEl-1EN'I' '1'0 ACQUIRE SAID PROPER'l'Y.
\'iHEREAS, the Cl ty ot Wheat Ridge is involvecl in the desigIl
ot a street construction, recoIlstruction, and Improvement project
invol vlng \',est 38TH Avenue wl.t.hin the Cl ty ot Wheat Ridge, County
at Jetterson, State ot Colorado;
WHERI<:I,S, completioIJ ot sald \\lest 38TH Avenue Street ProJect
IS undertaken tor the public purpose ot improving said publlC
street In turtherance ot the health, satety and weltare ot the
popula~lon ot the City ot Wheat Ridge and all those who use said
\\lest 38TH Avenue;
vlHEREAS, CHARLES S. RIDEG AND PHYLLIS M. REDIG are the tee
owners at cert.ain property at 70bO WES'!' 38TH AVENUE, Wheat Ridge,
ColoradO, WhlCh property is situate withln the rlght ot way
necessary tor the completlon ot the West 38TH Avenue Improvement
Project.
WHEREAS, an appralsal has been obtained by the City tor the
purpose ot determining the value ot said property, ~hlCh apprais-
al has been used by the partles In negotlatlons between the Clty
and the owners, the purpose ot WhlCh nego~iatlons has been to
determlne It a purchase prlce may be agreed upon tor the acqulsl-
tlon ot the requlred Interest In sald property by the Clty;
WHEREAS, sald negotlatlons have, to ttns pOlnt, been unsuc-
cesstul;
WHEREAS, the Clty has determlned that It IS requlred to
acqulre In tee simple a portlon ot the property located at 70bU
WEST 38TH AVENUE, V<fleat Ridge, Colorado, ant ttlat, In the event
that good talth negotlatlons do not result In a voluntary sale at
sald Interest In sald real proverty to the Clty, It IS necessary
that the Clty acqulre sald lnteres~ In sald real property through
the use ot the Cl ty' s powers ot er:nnent dODlaln as reservecl t.o the
Clty In Sect.lon Ib.4 ot tile Home Rule Charter ot t.he Clty ot
Wheat Rldge, Colorado,
Const1tut1on at the State
seq. and 3tl-b-1Ul et seq.
and In ArtIcle Jl, Sectlon 1~ at
ot Colorado and In C.R.S. Jl:l-1-1U1,
the
et
NOV, 'l'HEHEFORE, BE l'J' RESlJLVED by ttle C1ty Councll at tile
Clt~ ot Wheat RIdge, that
1. The C1 ty Councll (Joes hereby declare 1 ts 1lltellt to
acquIre a tee slmp1e Interest In a portlon ot the real property
sltuate at 7UbU WEST JtlTH AVENUE, Wheat Rldge, Colorado (WhlCh
Interest to be acqulred IS descrlbed In Exhlblt A attached here-
to) trom 1 ts present owners and all at hers llav1 ng an lilt erest
thereln.
2. The property to be acqulred, as descr1bed In Exhlb1t A,
IS necessary tor the public purpose 01 comp1etlon ot the roadway,
and reI ated Improvements, to be completed as part ot ttle vlest
JHTl:! Avenue Street_ Improvement ProJect, wlnch publlC works
project l1as as Its pub11 c purposes the I_mprovement ot the street,
dralnage and pedestrlan access portlons ot the publlC street
known as West_ JtlTH Avenue, trom WadsvlOrtn Boulevarci to PI_erce
Street, w1th1n the C1ty ot Wheat Rldge, Colorado.
j. The propert_~- at 7UbU WEB'!' Jl:lTH AVENUE 1 S [,ecessary tor
the completlon ot sald West JH~H Avenue Street ProJect as de-
51 gne(l.
4. The C1ty Councll spec1tlcally author1zes that negotla-
t Ions between tile C1 ty and owners 01 the property contlnue In
good talth, but III the event sald negotlat1ons are unsuccesstul,
acqulsl tlon ot the property descrlbed In Exlllbl t A 1 rom the
record owners thereot and all others llavlng an Interest t.l1ereln,
througti the use ot the powers ot ennnent domaln based upon the
C1 ty' 5 powers ot eml nent domalll granted by tt1e Constl tut10n ot
the State ot Colorado, the Clty'S Home Rule Charter, and the
statutes ot the State ot ColoradO, IS hereby authorlzed.
~. A copy ot the Reso1utlon shall be torwarded to the
record owner at tile propert_y at 7UbU WES'!' Jl:lTH AVENUE torU,wltll.
DONE l\ND Rl<;SOl.VED th1S 20th day at August, J~~lJ.
~tv~L
Dan Wllde, Mayor
lI'l''l'E S'l' :
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Ylancla Sang,
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Cl ty , (:~E?i'k
EXHIBIT A
A tract of land lying in the NE 1/4 of Section 26, Township 3
South, Range 69 West of the 6th Principal Meridian, City of
Hheat Ridge, County of Jefferson, State of Colorado,
described as follows:
The north 11.5 feet of Parcell and Parcel 2, as described in
Book 2154, Page 630, records of said County.
Said tract containing 1732.7 feet or 0.04 acres, more or
less.