HomeMy WebLinkAboutResolution-1990-1223
RESOLD'l'] ON NO. 122 J
SERIES OF l~~U
'1'I'1'LE:
1, RESOI,U'l'ION DECLARING 'rB},: IN'lEN'l' OF 'l'HI' Cl'l'Y OF
\~HEM.' RIDGE 'I'O ACQUIRE AN IN'l'ERES'l' IN A POR'l'ION OF 'l'HE
REAL PROPER'l'Y NT' 7bYU WES'I' 38TH AVENUE, WHENl RIDG!'.:,
COLORADO IN FEE SIMPLE, FROM 'I~E PRESEN~ OWNERS ~HEREOF
FOR 'I'I'm PUBI,IC PURPOSE OF COP,Pl,E'1'ING '1'HE WEB'l' .3b'l'H
AVENUE S'lR}':E'l' PROJEC'l' CONTEMPLM'F~D BY THE CITY, FUR-
'l'HER CONTINUANCE OF GOOD FA] 'l'B NEGO'1'IA'I'IONS TO ACQUIRE
SAID PROPERTY, AND r'UR'l'HE.R ADTHOR1 ~ING THE INl'l'IA'I'ION
OF AN ACTION IN EMINENT DOMAIN TO ACQUIRE SAID PROPERTY
IN THE IWEN'I' GOOD Fl\I'l'H NEGO'l'IA'l'ICNS DO NO'I' RESUL'l IN
AN AGREl:t",EN'l' ']'0 ACQUIRE SAID PROPER'1'Y.
\VHEH.EAS, the Cl ty ot \~heat Rldge 1 S ll1volved in the eJeslgn
ot a street constructlon, reconstructlon, and 1mprovement proJect
lnvolv1ng West JbTH Avenue wlttnn the Clty ot Wheat Rldge, County
at Jetterson, State ot Coloradoi
WHEIU;AS, completloIl 01 sald West j~'l'H Avenue Street project
15 undertaken tor the public purpose 01 improving said publlC
street In turttJerance ot the health, satety and weltare ot tl,e
populatloI ot the CIty at Wheat RIdge and all those who use sald
West J~TH Avenuei
vJHERr,AS, JOHN A. YELENICK AND MESAL R. YELENICK, are Ule
tee owners ot certain property at 7bYU WES'l' J~TH AVENUE, ~Hleat
Rldge, Colorado, WhICh property IS sltuate Wlth1n the rIght ot
way necessary tor t.tle complet Ion ot ttlE' \'iest Jl:l'1'H Avenue Improve-
ment ProJect.
WHEBl':A::O, an appraIsal has been obtalIled by tJle Clty tor tile
purpose ot determInIng the value ot said property, Whlch appraIS-
al has been used by the partles 111 negotiatIons between the City
and the owners I tl1e purpose ot Will ctl negoti.at~ions has been to
determlne lt a purchase prIce may be agreed upon tor the acqulsl-
tlon ot the reqUIred Interest ln saId property by the C1tYi
WHEBl':AS, sald negotlatlons have, to thlS pOlnt, been unsuc-
cesstuli
WHEREAS, t.he Cl ty i-las det.ermlned tllat 1 t J.s requlreej to
acqUIre in tee simple a portIon ot the property located at 7bYU
WES'l' 3~TH AVENUE, ~~heat Rldge, Colorado, ant that, ln tbe event
that good taltb negotiatIons dc not result In a voluntary sale ot
sald interest In said real property to the C1ty, lt is necessary
that tile Cl ty acqUlre sald 1nterest. In saId real property through
tilE' use at the CIty' s powers at eminent ejomaln as rE,servee\ to the
C1ty 1D Sect10n Ib.4 ot
Wheat Rldge, colorado,
ConstJtutlon at the State
~ and Je-b-1Ul et seq.
the Home Rule Charter ot the C1ty
and 1n Artlcle II, SectJon l~ at
ot Colorado and In C.R.S. Je-l-lUl,
ot
the
et
NOW 'l'HbXEFcnn:, BJc; 1'1' XESlil,VJc;l) by tne CIty Cuuncll ot tile
Clty at Wheat Rldge, that
1. The CIty CouncIl does nereby declare ItS lntent to
acqulre a tee simple lnterest In a portlon at the real property
sItuate at 7b9U WEST 3eTH AVENUE, Wheat Rldge, Colorado (WhlCh
Interest. to be acquired is descrlbed In Exinblt A att.ached here-
to) tram Its present owners and all others havIng an Interest
therein.
L.. The property to be acquIred, as descrlbed 1n ExhlilJ t A,
1 S necessary tor tile public purpose ot complet10n ot the roadway,
<]jid related Improvements, to be completed as part ot tile West.
jP>TH Avenue Street Improvement ProJect, WhlCh publlC worKs
proJect has as ItS publlC purposes the Improvement 01 the street,
dralnage and pedestrian access portIons ot the publIC street
known as \Vest J!i'l'H Avenue, tronl Wadswortti Boulevard to PJ.erce
Street, wIthin the C1ty ot Wheat Ridge, Colorado.
J. The property at 7b9U WEST 38TH AVENUE IS necessary tor
the completion at said West 38TH Avenue Street Project as de-
sIgned.
4. The city CouncIl specitlcally author1zes that negotla-
tl.ons L>etween the Cl ty and owners ot the property continue In
good taith, but In tile event Bald negot~ations are unsuccessful,
acqulsltion ot tile property descrlbeej ~n ExhJblt A 1rom the
record owners thereot and all others havlng an interest tnere~n,
through tne use at tlle powers oj: ernirJent domain based upon the
Ci ty' s powers 01 ernjnent doma:LIl granted by the Constl tution of
the State ot Colorado, the City's Horne Rule Charter, and the
statutes at t.i1e State at Colorado, is ilereby authorized.
~. A copy at the Resolutjon shall be forwarded to the
record owner ot tile property at 7b9U WEST 38TH AVENUE torU',\Vltil.
DONE AND RESOLVED thlS 2~th day at August, lYYU.
L~v~
Dan Wllde, Mayor
ATTJc;~~: i
. . I
)/ I ~/;'
':_/ I v ~ / ' l.-- (~./,-_". _ I~ /.; "/i./")
Wanda Sang, Clty Cler~/
v
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 as described in Book 1897,
Page 107, records of said County, as shown in Exhibit "A"
attached and made a part hereof.
Said tract containing 1084 square feet or 0.025 acres, more
or ] ess.