HomeMy WebLinkAboutResolution-1993-1344
RESOLUTION NO. 1344
TITLE:
A RESOLUTION DECLARING THE INTENT OF THE CITY OF WHEAT
RIDGE TO ACQUIRE AN INTEREST IN A PORTION OF THE REAL
PROPERTY AT 8060 WEST 38TH AVENUE, WHEAT RIDGE, COLORA-
DO, IN FEE SIMPLE FROM THE PRESENT OWNER(S) THEREOF FOR
THE PUBLIC PURPOSE OF COMPLETING THE WEST 38TH AVENUE
STREET PROJECT CONTEMPLATED BY THE CITY, FURTHER CON-
TINUANCE 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 a street construction, reconstruction and improvement regard-
ing West 38th Avenue within the City of Wheat Ridge, County of
Jefferson, State of Colorado;
WHEREAS, Completion of 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
public population of the City' of Wheat Ridge and all those who
use said West 38th Avenue;
WHEREAS, JACK D. AND FAYE L. HORTON are the fee owners of
certain property whose address is 8060 WEST 38TH AYENUE, Wheat
Ridge, Co, which property is situate within the right of way
necessary for the completion of the West 38th Avenue Street
Project;
WHEREAS, said negotiations have, to this point, been unsuc-
cessful;
WHEREAS, the City has determined that it is required to
acquire in fee simple a portion of the property located at 8060
WEST 38TH AVENUE, Wheat Ridge, Colorado, and that, in the event
that good faith negotiations do not result in voluntary sale of
said interest in said real property to the City, it is necessary
that the City acquire said interest in said real property through
the use of the City's powers 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
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1. The city council does hereby declare its intent to
acquire a fee simple interest in a portion of the real property
situate at 8060 WEST 38TH AVENUE, 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 Project, which public works project has as its
public purposes the improvement of the street, drainage and
pedestrian access of the public street known as West 38th Avenue,
from Wadsworth Boulevard west to Cody street, within the city of
Wheat Ridge.
3. The property at 8060 WEST 38TH AVENUE is necessary for
the completion of said West 38th Avenue street Project as de-
signed.
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 such negotiations are unsuccessful,
acquisition of the property described in Exhibit A from the
record owners thereof and all other owners having an interest
therein, through 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
statutes of the state of Colorado, is hereby authorized.
5. A copy of the Resolution shall be forwarded to the
record owner(s) of the property at 8060 WEST 38TH AVENUE.
DONE AND RESOLVED this 22nd day of March
1993.
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RAY . ~ ~GER, JR.jo/OR
ATTEST:
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