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HomeMy WebLinkAboutResolution-1994-1452 RESOLUTION NO. 1452 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 8601 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 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 Avenuei WHEREAS, ANTHONY TRUJILLO is the fee owner of certain property whose address is 8601 WEST 38TH AVENUE, Wheat Ridge, Co, which property is situate within the permanent easement necessary for the completion of the West 38th Avenue Street project; WHEREAS, said negotiations have, to this point, been unsuc- cessfuli WHEREAS, the City has determined that it is required to acquire a permanent easement across a portion of the property located at 8601 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 I 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 8601 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 SE 1/4 of section 22, Town- ship 3 South, Range 69 West of the 6th principal Meridi- an, city of Wheat Ridge, County of Jefferson, state of Colorado, described as: A portion of that parcel of real property described at Reception Number 78096699 of the official records of the county of Jefferson, State of Colorado lying and being Southeast of a line described as commencing at a point on the South line of said parcel 5 feet West of the Southeast corner of said parcel and running Northeaster- ly to a point on the East line of said property 5 feet North of said corner said tract contains 12.5 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 at 8601 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 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 8601 WEST 38TH AVENUE. DONE AND RESOLVED this 12th day of December, 1994. ~1Jd'tI. ) DAN WILDE, MAYOR ATTEST: WANDA SANG, CITY CLERK