HomeMy WebLinkAboutResolution-1992-1286
RESOLUTION NO. 1286
SERIES OF 1992
TITLE:
A RESOLUTION DECLARING THE INTENT OF THE CITY OF WHEAT
RIDGE TO ACQUIRE A PORTION OF REAL PROPERTY AT 3975 NORTH
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, William W. Blevins; Hugh E. Blevins, Jr.; Jerry Lee
Blevins; James David Blevins; Rosemary Crisco are the fee owners of
certain property at 3975 North Kipling Street, Wheat Ridge, Colo-
rado, 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 at 3975
North Kipling Street, Wheat Ridge, Colorado, and to acquire a
temporary 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 seq. 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
at 3975 North 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 .
acquire a
property
Colorado
attached
interest
The city council does hereby declare its intent to
temporary construction easement in a portion of the real
situated at 3975 North Kipling street, Wheat Ridge,
(which interest to be acquired is described in Exhibit B
hereto) from its present owners and all others having an
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.
for the
designed.
The property at 3975 North Kipling Street is necessary
completion of said Pedestrian/Bike Trail Project as
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 at 3975 North Kipling Street forthwith.
DONE AND RESOLVED this
23rd
day of
March
, 1992.
r'1? -J.' 1
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Ray J .Jw nger 'if .j Mayor
ATTEST:
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Wanda Sang, city Cl~ k
EXHIBIT A
LEGAL DESCRIPTION
PARCEL A
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) feet of Tract 1, BLEVINS SUBDIVISION, as
recorded in Plat Book 29, Page 23, Jefferson County Records.
Said Parcel A contains 1950 square feet, more or less.
The drafter of this description is Mr. John S. Lambert, PLS 13212,
prepared on behalf of Sellards & Griggs, 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: William W. Blevins; Hugh E. Blevins, Jr.; Jerry
Lee Blevins, David Blevins, and Rosemary Crisco.
a:BlevinsA.des
EXHIBIT B
LEGAL DESCRIPTION
PARCEL A
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
Tract 1, BLEVINS SUBDIVISION, as recorded in Plat Book 29,
Page 23, Jefferson County Records.
said Parcel A contains 2600 square feet, more or less.
Present Owners: William W. Blevins; Hugh E. Blevins, Jr.; Jerry
Lee Blevins, David Blevins, and Rosemary Crisco.
a:BlevinsB.des
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Site Plan - Parcel A
Pedestrian-Bike Trail
at 41 st Avenue and Kipling Street
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Natural Ground Cover
....
Proposed Taking - There are no site
improvements permanently affected.
The Area of Remainder IS
experiencing neither positive nor
negative project enhancement,
301.5'
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. The Larger Parcel has 39,195 square feet, while the
Taking has 1.950 square feet. for a Remainder of 37.245 square feet.
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