HomeMy WebLinkAboutResolution-1990-1222
RESOI,UTION NO. 1222
SERIES OF 1990
'l'J 'l'I,E:
A RESOLU'l'ION DECLARING THE IN'l'EN'l' OF 'l'HF, CJ TY OF
WHF,A'l' I<lDGf. 'H! M:<,~l)I}{}, F-1\) ]N'l'l<RJ,~;'I' IN A POR'l'ION OF THE
REAl. PROPER'l'Y (TRAC'l' 19) AT 3765 WADSWORTH BOULEVARD,
vJHEAT RIDGE, COLORADO ] N FEE SIMPLE, FRml 'l'HE PRESENT
OWNERS 'THEREOF FOR 'I'HE PUBLIC PURPOSE OF COMPLE'l'ING 'l'HE:
WEST 38'l'H AVENUE S'l'REET PROJECT CON'l'EMPLA'l'ED BY 'I'HE
CI'l'Y, FURTHER CONTINUANCE OF GOOD F1U'l'H NEGO'l'IATIONS TO
ACQUIRE SAID PROPERTY, AND FURTHER AUTHORIZING 'l'HE
INI'l'IA'l'ION OF AN ACTION IN EHINEN'l' DOMAIN 'l'0 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, reconstruction, and improvement project
involving West 38th Avenue within the City of Wheat Ridge, County
of Jefferson, state of Colorado;
WHEREAS, completion vf said West 38th Avenue Street Project
is undertaken for the public purpose of improving said public
street in furtherance of the health, safety and welfare of the
populatioL of the City of WhEat Ridge and all those who use said
West 38th Avenue;
WHEREAS, EMANUEL BUGELLI AND BERTIE ANN BUGELLI are the fee
owners of certain property at 3765 WADSWORTH BOULEVARD, v~heat
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 (If>tprftinillg the vaIue of said property, which apprais-
al has been used by the parties in negotiati.ons 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;
HHEREAS, the City has determined that it is required to
acquire in fee simple a portion of the property located at 3765
WADSWORTH BOULEVARD, Wheat Ridge, Colorado, ant that, In the
event that good faith negotiations do not result in a voluntary
sale cf 8Bi~ interest i~ said real property to the City, it lS
necessary that the City acquire said interest JD 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 Constitution of the State of Colorado and in
38-1-101, et seq. and 38-6-101 et seq.
domain
Charter
Section
C.R.S.
NOW THEREFORE:, BE 1'1' RESOI.vED by the City Council of the
City of Wheat Ridge, that
1. The City Council does hereby declare 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-
to) from 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 of the roadway,
and related improvements, to be completed as part of the West
38th Avenue Street Improvement Project, \'ihich 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 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
compIetion of said West 38th Avenue Street Project as de-
4. The City Council specifically authorizes that negotia-
tions betvleen the Ci ty and owners of 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 I S powers of eminent domain granted by the Consti t.ution of
the State of Colorado, the City's Home Rule Charter, and the
statutes of the State of Colorado, is hereby authorized.
5. A copy
record owner of
forthwith.
of the Resolution shall be forwarded to the
the property at 3765 WADSWORTH BOULEVARD
DONE AND RESOLVED this
28th day of AUGUS'l' ] 990.
I
AT'l'EST: \
/_~~ I / - ~'"',I
,. /.)JdJc(..!/<---' /' Uli"
Wanda Sang, City ct~rk
~~
Dan Wilde, Mayor
EXHIBIT A
A tract of land lying In the ~~ 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, de-
scribed as follows:
The north 8 feet of the north 150 feet of that parcel
described in Reception No. 86161160, records of said County.
Said tract containing 1240 square feet or 0.029 acres, more
or less.