HomeMy WebLinkAboutResolution-1994-1447
RESOLUTION NO. 1447
TITLE:
A RESOLUTION DECLARING THE INTENT OF THE CITY OF WHEAT
RIDGE TO ACQUIRE AN INTEREST IN A PORTION OF THE REAL
PROPERTY AT 3790 INDEPENDENCE STREET, WHEAT RIDGE,
COLORADO, IN FEE SIMPLE FROM THE PRESENT OWNER(S)
THEREOF FOR THE PUBLIC PURPOSE OF COMPLETING THE WEST
38TH AVENUE RECONSTRUCTION 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 RECONSTRUCTION OF WEST 38TH AVENUE 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, ROBERT A. AND BETTY D. CECIL are the fee owners
of certain property whose address is 3790 INDEPENDENCE STREET,
Wheat Ridge, Co, which property is situate within the right of
way necessary for the completion of the WEST 38TH AVENUE
RECONSTRUCTION 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 3790
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 seo. and 38-6-101, et seo.
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 fee simple interest in a portion of the real property
situate at 3790 INDEPENDENCE STREET, 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
Township 3 South, Range 69 West of the
Meridian, city of Wheat Ridge, County
state of Colorado, and being a part of
Subdivision, described as:
of section 27,
6th Principal
of Jefferson,
lot 3 Del Vue
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 3, THENCE
S 0011'27" E, ALONG THE EAST LINE OF SAID LOT 3, A
DISTANCE OF 6.60 FEET. THENCE, S 89039'20" W A DISTANCE
OF 51.51 FEET. THENCE, N 80011'56" W A DISTANCE OF
37.47 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 3.
THENCE, N 89039'20" E ALONG SAID NORTH LINE, A DISTANCE
OF 88.41 FEET TO THE POINT OF BEGINNING.
NOTE: All
based on
Section 27
bearings are relative to one another and are
bearing of the North line of the NW 1/4 of
being S 89039'20" W.
Said tract containing 461.75 square feet, more or less.
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 WEST 38TH
AVENUE RECONSTRUCTION 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 STREET TO CODY STREET, wi thin the City of Wheat
Ridge.
3. The property at 3790 INDEPENDENCE STREET is necessary
for the completion of said WEST 38TH AVENUE RECONSTRUCTION
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
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 3790 INDEPENCENCE STREET.
DONE AND RESOLVED this 12th day of December, 1994.
~~
DAN WILDE, a. MAYOR
ATTEST:
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WANDA SANG, CITY CLERK