HomeMy WebLinkAboutResolution-1999-0034
RESOLUTION NO. 34
SERIES OF 1999
TITLE:
A RESOLUTION DECLARING THE INTENT OF THE CITY OF \VHEAT
RIDGE TO ACQUIRE PROPERTY AT 10200 W. 38TH AVE. IN FEE
SL\IPLE FOR THE SPECIFIED PUBLIC PURPOSE OF PUBLIC PARK
AND RECREATIO:\!, FURTHER CO:\!TINUANCE OF GOOD FAITH
NEGOTlA TlONS 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 IS lI1volved 111 a proJeet to develop a traIl and traIlhcad to
the Wheat RIdge RecreatIOn Center; and
\VHEREAS, The City of Wheat Ridge deSIres to acqUire the property located at 10200 'vV 38th
A v c. for Pubhc Park and RecreatIon purposes of develop1Og a trail and traIlhead
to the Wheat Ridge Recreation Center; and
WHEREAS. acqlllsltlOn of the property ll1terests described 111 Exhibit A attached and
ll1corporated herein by thiS reference (here1Oafter the "propcrty") , IS necessary for
the completIOn of said project; and
WHEREAS. the staff IS authonzed to enter 1Oto good faith negotiatIOns and If good f,llth
negotIatIOn to purchase the property are unsuccessful, and
WHEREAS. It IS necessary for the City of Wheat Ridge to acqUire Immediate possessIon of the
propeliy 10 order to complete the project 111 a timely manner; and
WHEREAS, the City of Wheat Ridge has determ10ed that It IS necessary to acqUlre a fee SImple
10terest 10 the property, and that, 10 the event that good faith negotIatIOns do not
result 10 voluntary grantll1g of a fee simple 1I1terest 111 the Property, It IS necessary
that the City of Wheat Ridge acqlme smd 10terest 111 said real propeliy through the
use of the City of \Vheat RIdge's power of emment domam as reserved to thc Clt)
of Wheat Ridge in ItS Home Rule Charter, and 10 Article II, SectIOn 15 of the
ConStltutlOn of the State of Colorado and m C R.S # 38-1-101 et~, and 38-6-
101, et seq. ,and
NOW, THEREFORE, BE IT RESOL VED BY THE CITY COUNCIL OF THE CITY OF
WIIEAT RIDGE, COLORADO, THAT
I) The City CouncIl hercby finds that the Project wIll scrve a pubhc purpose by
pro\'ldmg a public trml and traIl head to the Wheat RIdge RecreatIOn Center for
park and recreatIOn purposes 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 01 acquire a fee sImple Interest ll1
the property from the owner and all others havIng an Interest therell1.
3) The CIty COlmer! specIfically authonzes that negotiatIons between the City and
the O\vner of the Property contInue In good faIth, but In the event such
negotJatlOns are unsuccessful, acqUIsItIOn of a fee sImple ll1terest 111 the Property
from the record owner thereof and all other owners havlllg an ll1terest herell1,
through use of the City's powers of emll1ent domall1 based upon the ConstItutIOn
of the State ofColoraclo, by the 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 Owner of the Property
DOr-E AND RESOLVED THIS /0 ~DAY OF MAY, 1999
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WI' /
. I'
By.. I..,. /, (,., {~~'" .'(
qfefchcn Cerveny, Mayor .
(S E A L)