HomeMy WebLinkAboutResolution-1996-1566
CITY OF WHEAT RIDGB, COLORADO
RBSOLUTION NO. 1566
TITLE:
A RESOLUTION DECLARING THE INTENT OF THE CITY OF WHEAT
RIDGE TO ACQUIRE A FEE SIMPLE INTEREST IN PROPERTY AT
7172-80 WEST 38TH AVENUE FOR THE SPECIFIED PUBLIC PURPOSE
OF STREET 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, is involved
in improvement of West 38th Avenue; and
WHEREAS, construction of said improvements to West 38th
Avenue (hereinafter the "Project") was undertaken for the public
purpose of street improvements; and
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 a fee simple interest in the Property, and
that, in the event that good faith negotiations do not result in
voluntary granting of the fee simple interest in the Property, it
is necessary that the City of Wheat Ridge acquire said interest in
said real property through the use of the City of Wheat Ridge's
power of eminent domain as reserved to the City of Wheat Ridge in
its Home Rule Charter, and in Article II, Section 15 of the
Constitution of the State of Colorado and in C.R.S. SS 38-1-101, et
~, and 38-6-101, et sea.
WHEREAS, it is necessary for the City of Wheat Ridge to
acquire immediate possession for the Property in order to complete
the Project in a timely manner;
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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 by improving streets. 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 a fee simple interest in the Property from the Owners and
all others having an interest therein.
3. The City Council specifically authorizes that
negotiations between the City of Wheat Ridge and the Owners of the
Property continue in good faith, but in the event such negotiations
are unsuccessful, acquisition of a fee simple interest in the
Property 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
Home Rule Charter of the City of Wheat Ridge and by Statutes of the
State of Colorado, is hereby authorized.
4. A copy of this Resolution shall be forwarded to the
record Owners of the Property.
DONE AND RESOLVED this ~ day of
CITY COUNCIL
December
, 1996.
By:
Dan
f) c~l ,-Le~
Wilde, Mayor
, ]
~/ LL'L c.C ~_ ~ ~ v~_
Wanda Sang, City Cler~~
Date: 12/2/96
ATTEST:
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EXHIBIT A
A tract of land lying in the NE 1/4 of Section 26, Township 3
South, Range 69 West of the 6th Principal Meridian, City of
Wheat Ridge, County of Jefferson, State of Colorado,
described as follows:
That portion of Parcels 1 and 2 as described in Reception No.
88115977, records of said County, lying north of a line 41.0
feet south of and parallel with the north line of said
section.
Said tract contains 839 square feet, 0.019 acres, more or
less.