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HomeMy WebLinkAboutResolution-1995-1494 RESOLUTION NO. 1494 Series of 1995 TITLE: A RESOLUTION DECLARING THE INTENT OF THE CITY OF WHEAT RIDGE TO ACQUIRE A PERMANENT EASEMENT ON THE REAL PROPERTY LOCATED AT 7114 WEST 38TH AVENUE, WHEAT RIDGE, COLORADO, FROM THE PRESENT OWNER(S) THEREOF FOR THE PUBLIC PURPOSE OF COMPLETING THE WEST 38TH AVENUE IMPROVEMENT PROJECT, FUR- THER CONTINUANCE OF GOOD FAITH NEGOTIATIONS TO ACQUIRE SAID PERMANENT EASEMENT, 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 PERMANENT EASEMENT. WHEREAS, The City of Wheat Ridge is involved completing acquisition of right of way and permanent easements for a street construction, reconstruction and improvement regarding West 38th Avenue between Wadsworth Boulevard and Pierce Street within the City of Wheat Ridge, County of Jefferson, State of Colorado; and WHEREAS, Construction of said West 38th Avenue Street Improvement Project was undertaken for the public purpose of improv- ing 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 Avenue; and WHEREAS, FOAMTEC SYSTEMS, INC. and SHELLEY CHEW POE LENG, each with a 50% undivided interest, are the fee owners of certain proper- ty whose address is 7174 WEST 38TH AVENUE, Wheat Ridge, Colorado, which property is situate within the right of way necessary for the completion of the West 38th Avenue Street Improvement Project; and WHEREAS, The City obtained a right of entry from the owners of the property to complete the project in a timely manner, and WHEREAS, said negotiations have, to this point, been unsuccess- ful; and WHEREAS, The City has determined that it is necessary to ac- quire a permanent easement on a portion of the property located at 7174 WEST 38TH AVENUE, Wheat Ridge, Colorado, and that, in the event that good faith negotiations do not result in voluntary granting of the permanent easement on said real property, 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 ~ NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, that 1 1. The City Council does hereby declare~ts intent to acquire a permanent easement on a portion of the real property situate at 7174 WEST 38TH AVENUE, Wheat Ridge, Colorado from its present owners and all others having an interest therein, said parcel described below: A tract of land lying in the NE 1/4 of Section 26, Town- ship 3 South, Range 69 West of the 6th Principal Meridian, City of Wheat Ridge, county of Jefferson, State of Colora- do, described as: THE SOUTH 11.5 FEET OF THE NORTH 51.5 FEET OF PARCELS 1 AND 2 AS DESCRIBED AT RECEPTION NUMBER 88115977, OF THE OFFICIAL RECORDS OF THE COUNTY OF JEFFERSON, STATE OF COLORADO. Said tract containing 877 square feet, more or less. 2. The property to be acquired, as described above, is neces- sary for the public purpose of completion of the roadway and related improvements which were part of the West 38th Avenue Street Improve- ment Project, which public works project had as its public purposes the improvement of the street, drainage and pedestrian access of the public street known as West 38th Avenue, within the City of Wheat Ridge. 3. The permanent easement at 7174 WEST 38TH AVENUE is neces- sary for the completion of said west 38th Avenue Street Improvement Project as designed. 4. The City Council specifically authorizes that negotiations between the City and the Owners of the property continue in good faith, but in the event such negotiations are unsuccessful, acquisi- tion of the permanent easement described above from the record owners thereof and all other owners having an interest therein, through use of the City's 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 Statutes of the State of Colorado, is hereby authorized. 5. A copy of this Resolution shall be forwarded to the record owner(s) of the property at 7174 WEST 38TH AVENUE. DONE AND RESOLVED this 23rd day of October, 1995. ~~ DAN WILDE, MAYOR 'j,!-;".L, ,f ., WANDA SANG, 'ciTY '~ERK 2