HomeMy WebLinkAboutResolution-1995-1495
RESOLUTION NO. 1495
Series of 1995
TITLE:
A RESOLUTION DECLARING THE INTENT OF THE CITY OF WHEAT
RIDGE TO ACQUIRE AN INTEREST IN THE REAL PROPERTY LOCATED
AT 717.. WEST 38TH AVENUE, WHEAT RIDGE, COLORADO, IN FEE
SIMPLE FROM THE PRESENT OWNER(S) THEREOF FOR THE PUBLIC
PURPOSE OF COMPLETING THE WEST 38TH AVENUE IMPROVEMENT
PROJECT, FURTHER CONTINUANCE OF GOOD FAITH NEGOTIATIONS TO
ACQUIRE SAID PROPERTY, AND FURTHER AUTHORIZING THE INITIA-
TION OF AN ACTION IN EMINENT DOMAIN TO ACQUIRE SAID PROPER-
TY IN THE EVENT GOOD FAITH NEGOTIATIONS DO NOT RESULT IN AN
AGREEMENT TO ACQUIRE SAID PROPERTY.
WHEREAS, The City of Wheat Ridge is involved completing
acquisition of right of way for a street construction, reconstruc-
tion 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 50% undivided interest, are the fee owners of certain property
whose address is 7174 WEST 38TH AVENUE, Wheat Ridge, Colorado, which
property is situate within the right of way necessary for the com-
pletion 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 in fee simple 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 sale of said interest
in 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 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
1
a fee simple interest in 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 TEN FEET OF THE NORTH FORTY 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 762.5 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 property at 7174 WEST 38TH AVENUE is necessary 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 property described above from the record owners thereof
and all other owners having an interest therein, through use of the
ci ty I S powers of eminent domain based upon the City I 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.
,(a..:. . ~~
DAN WILDE, MAYOR
';
./ "j>- I
WANDA SANG, CITY CLERK
2