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HomeMy WebLinkAboutResolution-1991-1246 RESOLUTION NO. 1246 SERIES OF 1990 TITLE: A RESOLUTION DECLARING THE INTENT OF THE CITY OF WHEAT RIDGE TO ACQUIRE AN EASEMENT OVER A PORTION OF THE REAL PROPERTY (TRACT) AT 3765 WADSWORTH BOULEVARD, WHEAT RIDGE, COLORADO IN FEE SIMPLE, FROM THE PRESENT OWNERS THEREOF FOR THE PUELI C PURPOSE OF COMPLETING THE WEST 38TH AVENUE STREET PROJECT CONTEMPLATED BY THE CITY, FURTHER CONTINUANCE OF GOOD FAITH NEGOTIATJONS TO ACQUIRE SAID PROPERTY, AND FURTHER AUTHORIZING THE INITIATION OF AN ACTION IN EMINENT DOMAIN TO ACQUIRE SAID PROPERTY IN THE EVENT GOOD FAI TH NEGOTIATIONS DO NOT RESULT IN AN AGREEMENT TO ACQUIRE SAID PROPERTY. WHEREAS, the City of wheat Ridge 1S 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 of said West 1S undertaken for the public purpose street in furtherance of the health, population of the City of Wheat Ridge West 38th Avenue; 38th Avenue Street Project of improving said public safety and welfare of the and all tbose wbo use said WHEREAS, EMANUEL BUGELL I & owners of certain property at Ridge, Colorado, which property way necessary for the completion ment Project. BERTIE ANN BUGELLI are tbe fee 3765 WADSWORTH BOULEVARD, Wheat is situated within the right of at the West 38th Avenue improve- 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 easement over said property by the City; WHEREAS, said negotiations have, to this point, been unsuc- cessful; WHEREAS, the City has determined that it is required to acqulre in fee simple a portion of the property located at 3765 WADSWORTH BOULEVARD, Wheat Ridge, Colorado, and that, In the event that good faith negotiations do not result in a voluntary sale of said easement over said real property to the City, it is necessary that the City acquire said easement over said real property through the use of the City's power of eminent domain as reserved to the City in Section 16.4 of the Home Rule Charter of the City of Wneat Ridge, Colorado, and in Article II, Secticn 15 of the Constitution cf the State of Colorado and in C.R.S. 38-1- 101, ~~ ~~~~ and 38-6-101 ~~ ~~~~ NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, that 1. The City Council does hereby declare its intent to acqulre a fee simple easement over a portion of the real property situated at 3765 WADSWORTH BOULEVARD, Wheat Ridge, Colorado (which interest to be acquired is described in Exhibit A attached hereto) 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, which 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 Bo\.lleva1"d to Pierce Street, within the City of Wheat Ridge, Colorado. 3. The property for the completion of designed. at 3765 WADSWORTH BOlJIEVARD said West 38th Avenue Street 1S necessary Project as 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 easement described in Exhibit P. from the record owners thereof and 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 HOlJ1e Rule Charter, and the statutes of the State of Colorado, is hereby authorized. 5 . record with. A copy of owner of the the Resolution property at 3765 shal1 be WAD SWORn1 forwarded BOUlEVARD to the forth- DONE AND RESOLVED this 25th day of March, 1991. . .In J 0-'/J -----~~------------------- Dan Wilde, Mayor ATTEST: , I __fl ,'." i 1)/ ,./. 1 L';'. (, / Y .d 'i w;rid;-t~~g~c?~;~tr;~-------- "EXHIBIT A" A tract of land lying In tl1e N'W 1/4 of Soutl1, Range 69 'West of tl1e 6tb principal Ridge, County of Jefferson, State of follows: Section 26, Township 3 Meriuian, City of Wheat Colorado, described as The north 14.5 feet of that parcel described In Reception No. 85080867, records of said county, e:xcept tl1e north 8.0 feet and e:xcept that portion described as follows: Beginning at the NE corner of said parcel; thence westerly 32.70 feet to a point on tl1e north line of said parcel; tl1ence southeasterly 46.24 feet to point on the east line of said property; tl1ence nortl1erly 32.70 feet to the POINT OF BEGJNNING. Said tract containing 673 square feet or 0.015 acres, more or less.