HomeMy WebLinkAboutResolution-1992-1285
RESOLUTION NO. 1285
SERIES OF 1992
TITLE:
A RESOLUTION DECLARING THE INTENT OF THE CITY OF WHEAT
RIDGE TO ACQUIRE A PORTION OF REAL PROPERTY ON THE
SOUTHWEST CORNER OF 41ST AND KIPLING STREET, WHEAT RIDGE,
COLORADO IN FEE SIMPLE, AND A PORTION OF THE SAME REAL
PROPERTY AS A TEMPORARY CONSTRUCTION EASEMENT FROM THE
PRESENT OWNERS THEREOF FOR THE PUBLIC PURPOSE OF
COMPLETING THE ALTERNATE PEDESTRIAN/BIKE TRAIL CROSSING
OF KIPLING AT 41ST AVENUE PROJECT CONTEMPLATED BY THE
CITY, FURTHER CONTINUANCE OF GOOD FAITH NEGOTIATIONS TO
ACQUIRE SAID PROPERTY, AND FURTHER AUTHORIZING THE
INITIATION OF AN ACTION IN EMINENT DOMAIN TO 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
an Alternate Pedestrian/Bike Trail Crossing of Kipling at 41st
Avenue project involving the Clear Creek Greenbelt within the city
of Wheat Ridge, County of Jefferson, State of Colorado;
WHEREAS, completion of said Alternate Pedestrian/Bike Trail
Project is undertaken for the public purpose of improving said
Clear Creek Greenbelt Trail in furtherance of the health, safety
and welfare of the population of the City of Wheat Ridge and all
those who use said Trail;
WHEREAS, John A. Lobus and Jon T. Bradley are the fee owners
of certain property on the southwest corner of 41st Avenue and
Kipling Street, Wheat Ridge, Colorado, which property is situated
within the right of way necessary for the completion of the
Alternate Pedestrian/Bike Trail project;
WHEREAS, an appraisal has been obtained by the City for the
purpose of determining the value of said property, which appraisal
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 acquisition of the
required easement over said property by the city;
WHEREAS, said negotiations have, to this point, been
unsuccessful;
WHEREAS, the City has determined that it is required to both
acquire in fee simple a portion of the property located on the
southwest corner of 41st Avenue and Kipling street, Wheat Ridge,
Colorado, and to acquire a temporarty construction easement in the
same property and that, in the event that good faith negotiations
do not result in a voluntary sale of said real property to the
city, it is necessary that the city acquire 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
Wheat Ridge, Colorado, and in Article II, Section 15 of the
Constitution of the State of Colorado and in C.R.S. 38-1-101, et
~ and 38-6-101 et seq.
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
acquire fee simple title to a portion of the real property situated
on the southwest corner of 41st Avenue and Kipling street, 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 City Council does hereby declare its intent to
acquire a temporary construction easement in a portion of the real
property situated on the southwest corner of West 41st Avenue and
North Kipling street, Wheat Ridge, Colorado (which interest to be
acquired is described in Exhibit B attached hereto) from its
present owners and all others having an interest therein.
3. The property to be acquired, as described in Exhibit A,
is necessary for the public purpose of completion of the Alternate
Pedestrian/Bike Trail Project, which parks and recreation project
has as its public purposes the improvement of the safe crossing of
Pedestrian/Bike/Equestrian traffic at 41st Avenue and Kipling
Street. Said crossing is a portion of the State Trail System known
as the Clear Creek Greenbelt Trail within the City of Wheat Ridge.
4. The property on the southwest corner of 41st Avenue and
Kipling Street is necessary for the completion of said
Pedestrian/Bike Trail Project as designed.
5. The City Council specifically authorizes that
negotiations between the City and owners of the property continue
in good faith, but in the event said negotiations are unsuccessful,
acquisition of the real 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
City's powers of eminent domain granted by the Constitution of the
State of Colorado, the City's Home Rule Charter, and the statues of
the State of Colorado, is hereby authorized.
6. A copy of the Resolution will be forwarded to the record
owner of the property on the southwest corner of 41st Avenue and
Kipling Street forthwith.
DONE AND RESOLVED this
23rd day of
March
, 1992.
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EXHIBIT A
LEGAL DESCRIPTION
PARCEL C
A parcel of land lying in the southeast one-quarter of Section 21,
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 west fifteen (15)
SUBDIVISION, as recorded
County Records.
feet of Lot 23, GREEN VALLEY
in Plat Book 11, Page 34, Jefferson
Said Parcel C contains 2100 square feet, more or less.
The drafter of this description is Mr. John S. Lambert, PLS 13212,
prepared on behalf of Sellards & Grigg, Inc., 143 Union Blvd.,
Lakewood, Colorado 80228, on June 17, 1991 under S&G No. 91887-21
for the City of Wheat Ridge and is not to be construed as
representing a monumented land survey.
Present Owners: John A. Lobus and Jon T. Bradley.
a: LobusA. Des
EXHIBIT B
LEGAL DESCRIPTION
PARCEL C
A parcel of land lying in the southeast one-quarter of section 21,
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 east twenty (20) feet of the west thirty-five (35) feet of
Lot 23, GREEN VALLEY SUBDIVISION, as recorded in Plat Book 11,
Page 34, Jefferson County Records.
Said Parcel C contains 2300 square feet, more or less.
Present Owners: John A. Lobus and Jon T. Bradley.
a:LobusB.Des
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Site Plan - Parcel C
Pedestrian-Bike Trail
at 41 st Avenue and Kipling Street
100'
Lot 23
150'
Lot 24A
Natural Ground Cover
Proposed
Taking - There
are no site
Improvements
permanently
affected. The
A re a 0 f
Remainder is
experiencing
neither positive
nor negative
project
enhancement.
~
Storm
Drain "-
III
Swale
Drainage
It was not possible to verify site dimensions through field
measurements as all corner monuments could not be located.
Dimensions shown on this site plan have been obtained from the
recorded plat. It should be noted that the Taking affects only Lot 23.
Lots 23 and 24A are considered as a unit for purposes of taxation, i.e.
they have the same parcel and tax number. In addition they have they
same zoning, which is R-C. In addition, they are listed to sell as a unit.
It is for these reasons the Larger Parcel will be considered as both Lots
23 and 24A. Defined this way, the Larger Parcel now has 35,000
square feet. whIle the Taking has 2,100 square feet, for a Remainder of
32.900 square feet.
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