HomeMy WebLinkAboutResolution-1997-1613
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CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 16t"3
TI TLE :
A RESOLUTION DECLARING THE INTENT OF THE CITY OF WHEAT
RIDGE TO ACQUIRE A FEE SIMPLE INTEREST IN PROPERTY AT
4075 KIPLING STREET FOR THE SPECIFIED PUBLIC PURPOSE OF
PUBLIC RECREATION, 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 A~QUIRE
SAID PROPERTY INTEREST.
WHEREAS, the City of Wheat Ridge, Colorado, provides park
and recreation services to its residents; and
WHEREAS, the City is undertaking a project to construct and
operate a public recreation center(hereinafter the "project"l for
the public purpose of providing park and recreation services tG
residents of the City: and
WHEREAS, acquisition of
Exhibit A attached hereto
reference (hereinafter the
completion of said Project:
the property interests described In
and incorporated herein
"Property"), is necessary
and
by
for
this
the
WHEREAS, the City of Wheat Ridge has negotiated lD good
faith with the Owners of the Property, and
WHEREAS, negotiations to purchase the Property have, to thlS
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
i~ED\SJD27 255284 01
the Constitution of the State of Colorado and in C.R S. ~~ 38-1-
101, et seq., and 38-6-101, et seq., and
WHEREAS, it is necessary for the
acquire immediate possession for the
complete the Project In a timely manner;
City of Wheat
Property In
Ridge
order
to
to
NOW, THEREFORE, BE IT RESOLVED BY THE
UF WHEAT RIDGE, COLORADO, THAT.
COUNCIL OF THE rITY
1 The City Council hereby finds that the Project will
serve a public purpose by serving as a portion of the site upon
which the City will construct a public recreation center. The
City Council further finds that it is necessary to acquire the
Property to achieve said public purpose.
2.
The
a fee
others
City Council does
simple interest in
having an interest
hereby declare its intent to
the Property from the Owner(s'
therein
acqulre
and all
, The City Council specifically authorizes that
negotiations between the City of Wheat Ridge and the Owner(s) 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 Owner(s) thereof and all
other owners having an interest therein, through use of the
Ci ty' s powers of eminent domain based upon the I s powers of
eminent domain granted by the Consti tut ion of the State e;f
Colorado, by the Home Rule Charter 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 /'J(~ day of
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1997
CITY COUNCIL
By:
Dan Wilde, Mayor
~J,:~,-^-,iJA....i: c:L__
GED',53U27\255284 01
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ATTEST:
[ SEA L ]
~"dd vi~ ..
Wanda Sang, City ~erk
Date. en ;r~, I r '97
l;ED ~3u27\2S5284 01
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EXHIBIT A
LEGAL DESCRIPTION
Property located at 4075 Kipling.
The property described as:
The north 139.28 feet of the east one-half of the east one-half
of the southeast one-quarter of the southeast one-quarter of
Section 21, Township 3 South, Range 69 West of the Sixth
Principal Meridian, except portion lying within kipling street,
and except the west 10 feet of the east 40 feet as granted to the
State Department of Highways in document recorded in Book 2091 at
page 29, County of Jefferson, State of Colorado.
A bike path was acquired in 1993 which is not excepted In this
legal.
r-
....
j EXHIBIT
, A