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HomeMy WebLinkAboutResolution-1996-1536 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 1536 TITLE: A RESOLUTION DECLARING THE INTENT OF THE CITY OF WHEAT RIDGE TO ACQUIRE CERTAIN RESTRICTIVE COVENANTS FOR THE SPECIFIED PUBLIC PURPOSE OF ROAD IMPROVEMENTS, FURTHER CONTINUANCE OF GOOD FAITH NEGOTIATIONS TO ACQUIRE SAID PROPERTY INTEREST, AND AUTHORIZATION TO INITIATE 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 INTEREST. WHEREAS, the City of Wheat Ridge, Colorado, lS involved in the relocation of the Youngfield Service Road; and WHEREAS, Youngfield Service for the public transportation; and construction of said relocation of the Road (hereinafter the "Project") was undertaken purpose of improving traffic flow and WHEREAS, the City of Wheat Ridge has acquired partial title to that part of Lot 7 of the 70 West Business Center necessary for construction of the relocated Youngfield Service Road and has constructed the relocated Service Road, and WHEREAS, Lot 7 of the 70 West Business Center lS encumbered by certain Restrictive Covenants for Applewood Gardens recorded at Book 1417, Page 441 of the records of the Clerk and Recorder of Jefferson County and extended by the Extension of Protective Covenants for Applewood Gardens and Designation of Vote recorded at Reception No. 81093753 of the records of the Clerk and Recorder of Jefferson County; WHEREAS, acquisition of the property interests described in Exhibit A, attached hereto and incorporated herein by this reference (hereinafter the "Property"), is necessary for the completion of said Project; and WHEREAS, the City of Wheat Ridge has negotiated In good faith with the Owners of the Property; and WHEREAS, negotiations to purchase the Property have, to this point, been unsuccessful; and WHEREAS, the City of Wheat Ridge has determined that it is necessary to acquire said Restrictive Covenants, and that, in the event that good faith negotiations do not result In the voluntary release of the Restrictive Covenants, it is necessary that the City of Wheat Ridge acquire said interest in said real property through the use of the City's power of eminent domain as reserved to the City in its Home Rule Charter, and in Article II, MUR\53827\153U84 1 Section 15 of the Constitution of the State of Colorado and in C.R.S. 88 38-1-101, et sea., and 38-6-101, et sea. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: 1. The City Council hereby finds that the Project will serve a public purpose of traffic and transportation. The City Council further finds that it is necessary to acquire the Property to achieve said public purpose. 2. The City Council does hereby declare its intent to acquire the Restrictive Covenants described in Exhibit A hereto from the Owners and all others having an interest therein. 3. 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, acquisition of the Restrictive Covenants described in Exhibit A from the record Owners thereof and all other owners having an interest therein, through use of the City's powers of eminent domain granted by the Constitution of the State of Colorado, by the Wheat Ridge Home Rule Charter and by Statutes of the State of Colorado, is hereby authorized. 4. record Owners hereto. A copy of this Resolution shall be forwarded to the of the Restrictive Covenants described in Exhibit A DONE AND RESOLVED this 13th day of June , 1996. CITY COUNCIL By: &~I~t.J Mayor ATTEST: -'V 0" :./It:< L d "'- City Clerk .~J: "'I C~ ,) [ SEA L ] Date: June 13, 1996 MUR\S3027\153084 1 -2- EXHIBIT A All interests in certain Restrictive Covenants for Applewood Gardens recorded at Book 1417, Page 441 of the records of the Clerk and Recorder of Jefferson County and extended by the Extension of Protective Covenants for Applewood Gardens and Designation of Vote recorded at Reception No. 81093753 of the records of the Clerk and Recorder of Jefferson County as said Restrictive Covenants apply to Lot 7 of the 70 West Business Center recorded at Reception No. 84076366 of the records of the Clerk and Recorder of Jefferson County. M(TP' 53C27\1:::3084 1 - 3-