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Home My WebLink AboutResolution-1990-1220 REsor,U'!'lON NO. 1 Ll. U SERIES OF' BYU ,}'I ']'LE: A REbOLU'l'ION DECLARING '}'Hl: IN'l'EN'l' OF 'l'HE CI TY OF WHEAT RIDGE TO ACQUIRE AN INTEREST IN A PORTION OF' THE REAL PROPER'l'Y AT' 7172-80 WEST 38TH AVENUE, ~-mEA'l' FODGE, COLORADO IN FE~ SIMPLE, FROM THE PRESENT OWNERS THEREOF FOR 'I'HE PUBLIC PURPOSE OF COrv:PLE'J'JNG '}'HE WES'l' 3l:lTH l\VENUE S'l'Rl':E'l' PROJECT' C0N'l'EMPLA'1'BD BY THE CI'I'Y, FUR- THER CON'I'INUANCE OF GOOD FAl '}'11 NEGO'l'IA'l'IONS '1'0 ACQUlm" SAID PROPERTY, AND FURTHER AUTHORI~ING THE INITIATION OF AN ACTIUN IN EMINENT DOMAIN TO ACQUIRE SAID PROPERTY IN THE EVENT GOOD F'AITH NEGOTIATIONS DO NOT RESUI~ IN AN AGREEMEN'l' '}'O ACQUIRE SAID PROPER':l'Y. WHEREAS, ttle Cl ty ot vJheat Ridge is involved in the (jesign ot a street constructlon, reconstruction, and lmprovement project involvlng ~vest 3HTH Avenue wlttlin the City ot Wheat Ridge, County at Jetterson, State ot Colorado; WHEREAS, completlon ot sa1.d West 3l:lTH Avenue Street. Project lS undertaken tor the public purpose ot improving said publlC street ln turtherance ot the health, satety and weltare ot the population ot the C1ty at Wheat Ridge and all those who use said West 3l:lTH Avenue; WHE}{EAS, CHARLES R. PERROTTI AND SHELLEY CHEW POE LENG are the tee ownes ot certain property at 7172-l:lU WEST 3l:lTH AVE- NUE, Wheat Rldge, Colorado, WhlCh property lS 51tuate w1tllln the rlght ot way necessary tor the completIon ot the West 3l:lTH Avenue Improvement ProJect. ~VHERbAS, an appralsa 1 has l)een obtallled by- the Cl ty tor t.lle ~urpose ot determlnlng the value ot said property, WhlCh apprais- al has been used by the partles in negotlations between the C1ty and the owners, the purpose at WhlCh negotlatlons has been to determlne 1t a purchase prlce may be agreed upon tor the acqulsl- tlon ot the requJred lnterest In sald property by the Clty; WHhH~AS, sald negotlat10ns have, to thlS pOlnt, been unsuc- cesstul; WHEHhAS, the Clty has determlned that lt 15 requlred to acqu1re 111 tee slmple a portlon ot the property located at 1172- tlU WEST 3tlTH AVENUE, \~lleat Rldge, Colorado, ant. that, In the event that good talth negotlat10ns do not result III a voluntary sale ot said lnterest. in said r'eal property t.o the Clty, lt lS necessary that t.he Clty acqulre sald lnterest III sald real property througll tl1e use ut the Cl ty' s powers ot enunent domaln as reserved to the Clty 1n Sectlon lb.4 ot the Home Rule at the Clty at Wheat Ridge, Colorado, and In Artlcle II, J~ ot t~e ConstJtut1on ot the state at Colorado and lD 3H-l-lUl, et seg. and 3t;-b-JUl et seg. Charter Sect.J on C.R.S. NOW THERE~ORE, BE IT REbOI~ED by the C1ty Councll ot the Clty ot Wheat R1dge, that l. The Clty Council does hereby declare lts intent to acqulre a tee simple interest in a portion at the real property sltuate at 717:l-8U WEST 38TH AVENUE, Wheat Ridge, Coloracio (wInch lIlterest to be acql..:lreeJ is describeel 1n ExtlibJ t A attached tlere- t.o) trom lts present owners and alJ others !,avJng an 1nterest there1n. 2. '1'he property to be acqulred, as descrlbed In Exh1llJt 1\, lS necessary tor the public purpose at completlon at the rcadway, and related Hnproven1ents, to be completed as part ot tr,e \',est 3HTH Avenue Street Improvement Project, Wh1Ch public works project. has as its publlC purposes the i.mprovefilent at the street, dralnage and pedestrian access portions ot the puhlic street known as West 3t:lTH Avenue, trom v-ladsvvortll BouJ evard t:o Plerce Street, WIthin the CIty ot Wheat Ridge, Colorado. 3. tor the signe(l. The propert} at 7l7:l-8U WEST 38TH AVENUE JS necessary completion of said West 38TH Avenue Street Project as de- 4. The CIty Council specitlcally authorIzes that negotia- t ions betvveen the Ci t.y and owners at the proIcJerty contInue in good taith, but JD the event said negotiations are unsuccesstuI, acquisltlon ot the property descrlbeel 1n ExhJlnt A 1rom the record owners thereot and all others 11avlng an interest tflereln, through the use at the powers 01 eminent dornain tlased upon the Ci t} 's powers at eminent domain granted by the ConsUtutlon 01 the state ot Colorado, the City's Horne Rule Charter, and the statutes ot t!Je Stat.e ot ColoraeJo, is hereby authorized. ~ . l\ copy record ovvner ot 1orthwJ.th. 01 the Resolut.ion shall be the property at 717:l-8U lory;arded WEST 38TH to the AVENUE DONE AND RESOINED th1S 28th day at August, l~~U. ~~~ Dan ~~lJde, Mayor l\'l''I'ES'I' : ,J) ~~/ I ".(. ,.. (. vlanda Sang, 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 Wheat Ridge, County of Jefferson, State of Colorado, described as follows: That portion of Parcels 1 and 2 as described in Reception No. 88115977, records of said County, lying north of a line 41.0 feet south of and parallel with the north line of said section. Said tract contains 839 square feet, 0.019 acres, more or less.