HomeMy WebLinkAboutResolution 2011-0029CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 29
Series of 2011
TITLE: A RESOLUTION APPROVING A RIGHT-OF-WAY PURCHASE,
MAINTENANCE AND ACCESS AGREEMENT WITH
ENAYATALLAH BOROUMAND (PANDA KING) AND AMENDING
THE FISCAL YEAR 2011 CAPITAL INVESTMENT PROGRAM
FUND BUDGET TO REFLECT THE APPROVAL OF A
SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT
OF $42,221 FOR THE PURCHASE OF THE RIGHT-OF-WAY
WHEREAS, Owner is the owner in fee simple of certain real property located
at 7540 West 44th Avenue within the City of Wheat Ridge, Colorado (the "Owner's
Property");and
WHEREAS, the Property is bordered on the north by 44th Avenue and is
bordered on the east by a 30 foot easement for Vance Street; and
WHEREAS, both 44th Avenue and Vance Street are public roadways within
the City; and
WHEREAS, the Wheat Ridge Urban Renewal Authority ("URA") is the owner
of certain real property adjacent to the Owner's Property to the east and the south
("URA Property"), which the URA is redeveloping in cooperation with the City; and
WHEREAS, in order to benefit the existing and future uses of the Owner's
Property and the redevelopment of the URA Property, it is necessary for the City to
acquire from Owner certain additional right-of-way from Owner's Property as it
adjoins 44th Avenue and within and adjacent to the present easement for Vance
Street; and
WHEREAS, in return for the conveyance by the Owner of certain of Owner's
Property for the 44th Avenue and Vance Street improvements, the City wishes to
agree to provide compensation, access and other guarantees to Owner; and
WHEREAS, the parties also wish to agree concerning the installation and
maintenance of certain landscaping, lighting, sidewalk and curb and gutter to be
installed on and adjacent to the rebuilt and widened 44th Avenue and Vance Street.
WHEREAS, in consideration of the promises and agreements of the parties
contained herein, the sufficiency of which are hereby acknowledged by Owner and
the City, the parties hereby do promise and agree as follows:
Owner agrees to sell to the City, and the City agrees to purchase by special
warranty deed, those portions of Owner's Property bordering 44th Avenue and
the Vance Street easement in the amount of $42,221 which includes
estimated closing costs, hereto and as follows:
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• 44th Avenue Parcel: a parcel 14 feet in width extending along the
northern boundary of Owner's Property adjacent to 44th Avenue.
• Vance Street Parcel: a parcel 37.5 feet in width extending along the
eastern boundary of Owner's Property and of which the easternmost 30
feet is subject to an easement granted to the City of Wheat Ridge by
plat recorded November 19, 1982 at reception number 82081495.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat
Ridge, Colorado, as follows:
1. The City Council approves the Right-of-Way Purchase, Maintenance and
Access Agreement with Enayatallah Boroumand.
2. The City Council authorizes the transfer of $42,221 from the Capital
Investment Program budget undesignated reserves to account 30-610-
800-801 and amendment of the 2011 fiscal year budget accordingly.
DONE AND RESOLVED this 1ih day of September, 20 ,1.
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ATTEST
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Michael Snow, City Clerk
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