HomeMy WebLinkAboutResolution-1994-1445
RESOLUTION NO. ]445
SERIES OF 1994
TITLE:
A RESOLUTION DECLARING THE INTENT OF THE CITY OF WHEAT
RIDGE TO ACQUIRE A PERMANENT EASEMENT ACROSS A PORTION
OF THE REAL PROPERTY AT 9745 WEST 38TH AVENUE, WHEAT
RIDGE, COLORADO, 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
PERMANENT EASEMENT, AND FURTHER AUTHORIZING THE
INITIATION OF AN ACTION IN EMINENT DOMAIN TO ACQUIRE
SAID PERMANENT EASEMENT IN THE EVENT GOOD FAITH
NEGOTIATIONS DO NOT RESULT IN AN AGREEMENT TO ACQUIRE
SAID PERMANENT EASEMENT.
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 Coloradoi
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 Avenuei
WHEREAS, FRANK W. AND JUNE K. WEIBE are the fee owners of
certain property whose address is 9745 WEST 38TH AVENUE, Wheat
Ridge, Co, which property is situate within the permanent
easement necessary for the completion of the West 38th Avenue
Street projecti
WHEREAS, said negotiations have, to this point, been unsuc-
cessful;
WHEREAS, the City has determined that it is required to
acquire a permanent easement across a portion of the property
located at 9745 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 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 a permanent easement across a portion of the real
property situate at 9745 WEST 38TH AVENUE, Wheat Ridge, Colorado,
from its present owners and all others having an interest
therein, said permanent easement more fully described below:
A tract of land lying in the SW 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 SOUTH 5 FEET OF THE EAST 80 FEET OF THAT PARCEL OF
REAL PROPERTY DESCRIBED IN THE OFFICIAL RECORDS OF THE
COUNTY OF JEFFERSON, STATE OF COLORADO AT RECEPTION
NUMBER 92078156.
said tract contains 175 square feet more or less.
2. The permanent easement 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
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 Kipling Boulevard west to Cody Street, within the
city of Wheat Ridge.
3 . The permanent easement
necessary for the completion of
project as designed.
at 9745 WEST 38TH AVENUE is
said West 38th Avenue street
4. The City council specifically authorizes that negotia-
tions between the Ci ty and Owners of the property continue in
good faith, but in the event such negotiations are unsuccessful,
acquisition of the permanent easement 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. A copy of the Resolution shall be forwarded to the
record owner(s) of the property at 9745 WEST 38TH AVENUE.
DONE AND RESOLVED this 12th day of December, 1994.
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DAN WILDE, MAYOR
ATTEST:
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WANDA SANG, CITY CLERK
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