HomeMy WebLinkAboutResolution-1993-1346
RESOLUTION NO. 1346
TITLE:
A RESOLUTION DECLARING THE INTENT OF THE CITY OF WHEAT
RIDGE TO ACQUIRE AN INTEREST IN A PORTION OF THE REAL
PROPERTY AT 7823-7837 AND 7853-7867 38TH AVENUE, WHEAT
RIDGE, COLORADO, 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 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 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, ZEPHYR MEDICAL COMMONS OFFICE OWNERS ASSOCIATION
are the fee owners of certain property whose address is 7823-7837
AND 7853-7867 WEST 38TH AVENUE, 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 7823-
7837 AND 7853-7867 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 ci ty' 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 sea. and 38-6-101, et sea.
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 7823-7837 AND 7853-7867 WEST 38TH AVENUE, 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 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 7823-7837 AND 7853-7867 WEST 38TH AVENUE
is necessary for the completion of said West 38th Avenue street
Project as designed.
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 7823-7837 AND 7853-7867 WEST
38TH AVENUE.
DONE AND RESOLVED this 22nd day of March , 1993.
ATTEST:
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WANDA SANG,
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CITY CLERK
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