HomeMy WebLinkAboutResolution-1994-1428
RESOLUTION NO. 1428
TITLE:
A RESOLUTION DECLARING THE INTENT OF THE CITY OF WHEAT
RIDGE TO ACQUIRE AN INTEREST IN A PORTION OF THE REAL
PROPERTY AT 8020 and 8030 WEST 44TH AVENUE , WHEAT
RIDGE, COLORADO, IN FEE SIMPLE FROM THE PRESENT
OWNER(S) THEREOF FOR THE PUBLIC PURPOSE OF COMPLETING
THE 1994 ACCESSIBILITY 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 ACCESSIBILITY IMPROVEMENT PROJECT within the city of
Wheat Ridge, County of Jefferson, State of Colorado;
WHEREAS, Completion of said 1994 ACCESSIBILITY 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, AUGUST BAUMERT AND HELEN BAUMERT are the fee owners
of certain property whose address is 8020 AND 8030 WEST 44TH
AVENUE, Wheat Ridge, Co, which property is situate within the
right of way necessary for the completion of the 1994
ACCESSIBILITY 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 8020
AND 8030 WEST 44TH 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 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
1
acquire a fee simple interest in a portion of the real property
situate at 8020 AND 8030 WEST 44TH AVENUE , Wheat Ridge,
Colorado, from its present owners and all others having an
interest therein. Said interest described as follows:
A tract of land lying in the NW 1/4 of section XX, Township 3
South, Range 69 West of the 6th Principal Meridian, City of
Wheat Ridge, county of Jefferson, State of Colorado,
described as:
XXXXXXX
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
ACCESSIBILITY 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 WEST 44TH
AVENUE AT AMMONS STREET, within the city of Wheat Ridge.
3. The property at 8020
necessary for the completion
IMPROVEMENT PROJECT as designed.
AND 8030 WEST 44TH AVENUE is
of said 1994 ACCESSIBILITY
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
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.
record
AVENUE.
A copy of
owner(s) of
the Resolution shall
the property at 8020
be forwarded to the
AND 8030 WEST 44TH
DONE AND RESOLVED this -22III day of SEPTEMBER. 1994.
~~
DAN WILDE, MAYOR
ATTEST:
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