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HomeMy WebLinkAboutResolution-1990-1221 RESOLUTION NO. 1221 SERIES OF 1990 'I'I'I'LE: A RESOI,UTION DECLARING THE IN'l'EN'l' OF THE. Cl'I'Y OF WHEAT RIDGE TO ACQUIRE AN INTEREST IN A PORTION OF THE REAL PROPERTY ('l'RAC'l' 20) AT 3765 WADSWORTH BOULEVARD, WHEAT RIDGE, COLORADO IN FEE SIMPLE, FR0!>1 'I'HE PRESENT OWNER~ 'I'HEREOF FOR 'l'HE PUBLIC PURPOSE OF COMPLE'l'ING THE vlEST 38'I'H AVENUE S'l'REE'l' PROJEC'l' CONTEMPLA'l'ED BY THE CI'1'Y, FUR'1'HER CONTINUANCE OF GOOD FA1'l'H NEGO'I'IA'I'IONS '1'0 ACQUIRE SAID PROPER'l'Y, AND FURTHER AlI'I'HORI ZING 'I'HE INITIATION OF AN ACTION IN EMINENT DOMAIN TO ACQUIRE SAID PROPERTY IN 'I'HE EVENT GOOD FAITH NEGOTIA'l'IONS DO NOT RESULT IN AN AGREEMENT '1'0 ACQUIRE SAID PROPER'I'Y. WHEREAS, the City of Hheat Ridge is involved in the design of a street construction, reconstruction, al,d ilnprovement project involving v\est 38th Avenue wi thin the City of vvheat Ridge, County of Jefferson, State of Colorado; WHEREAS, completion of said West 38th Avenue Street project is undertaken for t.he 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 38th Avenue; HHEREAS, EMANUEL BUGELLI AND BERTIE ANN BUGELLI are t,he fee owners of certain property at 3765 WADSWORTH BOULEVARD, vvheat Ridge, Colorado, which property is situate within the right of way necessary for the completion of the West 38TH Avenue Improve- ment 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 if a purchase price may be agreed upon for the acquisi- tion of the required interest in said property by the City; WHEREAS, said negotiations have, to this point, been unsuc- cessful; WHER1AS, the City has determin~d that jt is required to acquire in fee simple a portion of the property located at 3765 WADSWORTH BOULEVARD, vvheat 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 as reserved to the City in Section 16.4 of the Home Rule of the City of Wheat Ridge, Colorado, and in Article II, 15 of the Const1tution of the State of Colorado and in 38-1-101, et seq. and 38-6-101 et seq. NOW THEREFORE, BE I')' RESOI,vED by the City CounciI of the City of Wheat Ridge, that domain Charter Section C.R.S. I. The City Council does hereby decIare its intent to acquire a fee simple interest in a portion of the real property situate at 3765 WADSWORTH BOULEVARD, Wheat Ridge, Colorado (which interest to be acquired is described in Exhibit A attached here- tal from its present owners and all others having an interest therein. 2. The property to be acquired, as described in Exhlbit A, is necessary for the public purpose of completion of the roadway, and related improvements, to be completed as part of the West 38th Avenue Street Improvement Project, which pubIic works project has as its public purposes the improvement of the street, drainage and pedestrian access portions of the public street known as West 38th Avenue, from Wadsworth Boulevard East to Pierce Street, within the City of Wheat Ridge, Colorado. 3. for the signed. The property at 3765 WADSWORTH BOULEVARD 1S necessary completion of said \~est 38th Avenue Street Project as de- 4. The City Council specifically authorizes that negotia- tions between the City and owners of the property continue in good faith, but in the event said negotiations are unsuccessful, acquisition of the prcperty described in Exhibit A from the record owners thereof an~ all others having an interest therein, through the use of the powers of eminent domain based upon the City's powers of eminent domain granted by the Constitution of the State of Colorado, the City's Home Rule Charter, and the statutes of the State of Colorado, is hereby authorized. 5. A record owner forthwith. copy of of the Resolution shalI be forwarded the property at 3765 WADSWORTH to the BOULEVARD DONE AND RESOLVED this 28th day of AUGUST 1990. ,~~ Dan \'lilde, lo'Iayor A'I''l'EST: EXHIBIT A A tract of land lying in the NW 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: The north 8.0 feet of that parcel described in Reception No. 85080867, records of said County, together with a triangular piece described as follows: Beginning at tIle NE corner of said parcel; thence westerly 32.70 feet to a point on the north line of said parcel; thence southeasterly 46.24 feet, more or less, to a point on the east line of said property; thence northerly 32.70 feet to the POINT OF BEGINNING, except the north 8 feet. Said tract containing 1305 square feet or 0.030 acres, more or less.