HomeMy WebLinkAboutResolution-1994-1413
RESOLUTION NO. 1413
TITLE:
A RESOLUTION DECLARING THE INTENT OF THE CITY OF WHEAT
RIDGE TO ACQUIRE AN INTEREST IN A PORTION OF THE REAL
PROPERTY AT 4585 INDEPENDENCE STREET, WHEAT RIDGE,
COLORADO, IN FEE SIMPLE FROM THE PRESENT OWNER(S)
THEREOF FOR THE PUBLIC PURPOSE OF COMPLETING THE 1994
LOCAL STREETS IMPROVEMENT 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 the 1994 LOCAL STREETS IMPROVEMENT PROJECT within the city of
Wheat Ridge, County of Jefferson, State of Colorado;
WHEREAS, Completion of said 1994 LOCAL STREETS IMPROVEMENT
PROJECT is undertaken for the public purpose of improving said
public street(s) in furtherance of the health, safety and welfare
of the public population of the City of Wheat Ridge and all those
who use said public street(s);
WHEREAS, SALLY JO BUTTON is the fee owner of certain
property whose address is 4585 INDEPENDENCE STREET, Wheat Ridge,
Co, which property is situate within the right of way necessary
for the completion of the 1994 LOCAL STREETS IMPROVEMENT 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 4585
INDEPENDENCE STREET, 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 sea. and 38-6-101, et sea.
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
its present owner and all others having an interest therein.
Said interest described as follows:
A tract of land lying in the NW 1/4 of Section 22, Township 3
South, Range 69 West of the 6th Principal Meridian, City of
Wheat Ridge, County of Jefferson, State of Colorado,
described as:
THE EAST 5 FEET OF THAT PARCEL OF REAL PROPERTY DESCRIBED IN
THE OFFICIAL RECORDS OF THE COUNTY OF JEFFERSON, STATE OF
COLORADO AT RECEPTION NUMBER 93045697.
2. The property to be acquired, as described above, is
necessary for the public purpose of completion of the roadway and
related improvements, to be completed as part of the 1994 LOCAL
STREETS IMPROVEMENT 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 Independence
Street from West 44th Avenue to West 47th Avenue, within the City
of Wheat Ridge.
3. The property at 4585 INDEPENDENCE STREET is necessary
for the completion of said 1994 LOCAL STREETS IMPROVEMENT 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 above from the record owner
thereof and all other owner 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 4585 INDEPENCENCE STREET.
DONE AND RESOLVED this ~hday of
June , 1994.
~~.
DAN WILDE, MAYOR
ATTEST:
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