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HomeMy WebLinkAbout0497 Board of County Commissioners Michelle Lawrence District NO.1 Patricia B. Holloway District No 2 Richard M. Sheehan District No.3 August 7, 2000 Land Title Guarantee Company 3033 E~lst Av , Suite 600 POBox 5 0 Denver, 80206 Attn: Carol Mueller Re: Commitment No. ABB670817.1-3 and Policy No. CTAH670817 Dear Carol' Land Title Guarantee Company ("Land Title") has previously issued Policy No. CTAH670817 in which the City of Wheat RIdge ("Wheat Ridge") is the insured. Land Title has also issued Commitment No. ABB670817.1-3 which adds the County of Jefferson ("Jefferson County") as another Insured VIa Endorsement 107 10 In compliance with the Schedule B-1 ReqUirements of Commitment No. ABB670817.1- 3, enclosed are the following recorded documents General Warranty Deed from Wheat RIdge to Jefferson County 2. BargaIn and Sale Deed from Wheat RIdge to Jefferson County 3 Commissioner's Deed from Jefferson County to Wheat Ridge Please invoice Jefferson County the $100 cost of Endorsement 107.10 and attach the Endorsement to Policy No. CTAH670817 as the Endorsement is described in Commitment No. ABB670817.1-3 ThIS Endorsement revises Policy No. CTAH670817 by addIng Jefferson County as an addItIonal Insured and deletIng Standard Exceptions 1-3 as of April 5, 1999 Please send an ongInal Owner's PolIcy of Title Insurance, WIth attached Endorsement 107 10, to Wheat RIdge, AttentIOn Gary Wardle, and an ongInal to Jefferson County, AttentIon Open Space Director, 700 Jefferson County Parkway, #100, Golden Colorado 80401 Kindly acknowledge your agreement to the instructions set forth In this letter by signing and returning to the undersigned an original of thIS letter. 100 Jefferson County Parkway Golden, Colorado 80419 (lQ;:'h.f;\'-~~1~()lT(;'\ll()R:\I'.1 \cr '\1\1 FI,\\()f'l- "~;I,,,t ,1'"1;',,., LI"~IIL~ 1I,'\IULli<ll1, k\t'_'f,d," Page 2 of ::: Smcerely, /1: 11~// (yP171A.1- z:iAAr ~ Steven L. Snyder Assistant County Attorney (303) 271-8926 Enclosures cc Joy Lucisano (w/enc and Indemlllfication and Hold Harmless) ~y Wardle, City of Wheat Ridge (w/enc, and Indemnification and Hold Harmless) APPROVED and accepted thIS day of ,2000 LAND TITLE GUARANTEE COMPANY By Carol Mueller \\( j('../\rIAT .\]\{;ROl 'PS\ATTOR'\E\\l'O\f;l,] RLS\(WI "SI"\('\']'\'1".._:I"~lT1f' 111'tllKtl"lh ].'lIcr d,~ RESOLUTION NO. 122U SERIES OF l~~U TITLE: A RESOLUTION DECLARING THE INTENT OF THE CITY OF WHEAT RIDGE TO ACQUIRE AN INTEREST IN A PORTION OF THE REAL PROPERTY AT 7172-80 WEST 38TH AVENUE, \~HEAT RIDGE, COLORADO IN FEE SIMPLE, FROM THE PRESENT OWNERS THEREOF FOR THE PUBLIC PURPOSE OF COMPLETING THE WEST 3~TH AVENUE STREET PROJECT CONTEMPLATED BY THE CITY, FUR- THER CONTINUANCE OF GOOD FAITH NEGOTIATIONS TO ACQUIRE SAID PROPERTY, AND FURTHER AUTHORIZING THE INITIATION OF AN ACTION IN EMINENT DO~ffiIN TO ACQUIRE SAID PROPERTY IN THE EVENT GOOD FAITH NEGOTIATIONS DO NOT RESULT IN AN AGREEMENT TO ACQUIRE SAID PROPER'l'Y. WHEREAS, the City ot Wheat Ridge is involved in the design of a street construction, reconstruction, and improvement project involving We~t 38TH Avenue within the City of Wheat Ridge, County ot Jetferson, State of Colorado; WHEREAS, completion at said West 38TH Avenue Street Project is undertaken for the public purpose ot improving said public street in turtherance ot the health, satety and welt are at the population at the City at Wheat Ridge and all those who use said West 38TH Avenue; WHEREAS, CHARLES R. PERROTTI ~D SHELLEY CHEW POE LENG are the tee ownes ot certain property at 7172-8U WEST 38TH AVE- NUE, Wheat Ridge, Colorado, WhlCh property is sltuate wlthin the rlght at way necessary tor the completion ot the \~est 3~TH Avenue Improvement Project. WHEREAS, an appralsal has been obtained by the City tor the purpose ot determining ttle value ot said property, Wh1Ch apprais- al has been used by the parties in negotiations between the City and the owners, the purpose ot Wh1Ch negotiations has been to determlne it a purchase price may be agreed upon tor the acqu1s1- t10n ot the required interest in said property by the C1tYi WHEREAS, sa1d negotlations have, to th1S p01nt, been unsuc- cesstul; WHEREAS, the City has determ1ned that it 1S required to acquire in tee simple a portion ot the property located at 7172- 80 WEST 38TH AVENUE, Wheat R1dge, Colorado, ant that, 1n the event that good faith negotiations do not result 1n a voluntary sale ot said interest in said real property to the City, it 1S necessary that the C1ty acqulre sa1d 1nterest 1n sa1d real property through the use ot the C1ty'S powers ot eminent domain as reserved to the Clty 1n Sect10n Ib.4 of the Home Rule of the Clty ot Wheat Ridge, Colorado, and ln Artlcle II, 15 ot the Const~tut1on of the State ot Colorado and 1n Jtl-l-1Ul, et seq. and J~-b-1Ul et seq. Charter Sect10n C.R.S. NOW THEREFORE, BE IT RESOLVED by the C1ty Council of the City of Wheat Ridge, that l. The City Council does hereby declare ltS intent to acquire a tee simple interest in a portion ot the real property situate at 7172-8U WEST 38TH AVENUE, Wheat Ridge, Colorado (WhlCh interest to be acquired is described in Exh1b~t A attached here- to) trom its present owners and all others hav1ng an 1nterest therein. 2. The property to be acquired, as described in Exhibit A, is necessary tor the public purpose ot complet1on ot the roadway, and related improvements, to be completed as part of the West 38TH Avenue Street Improvement Project, Wh1Ch public works project has as its public purposes the improvement of the street, drainage and pedestrian access portions of the public street known as West 38TH Avenue, trom Wadsworth Boulevard to Plerce Street, within the City of Wheat Ridge, Colorado. 3. for the signed. The property at 7172-8U WEST 38TH AVENUE is necessary completion of said West 38TH Avenue Street Project as de- 4. The City Council specifically authorizes that negotia- tions between the City and owners of the property continue in gOOd taith, but in the event said negotiations are unsuccesstul, acquisition of the property described in Exhibit A from the record owners thereof and all others having an interest therein, through the use of the powers of eminent domain based upon the City's powers of eminent domain granted by the Constitution of the state of Colorado, the. City's Home Rule Charter, and the statutes of the State of Colorado, is hereby authorized. 5 . A copy record owner of forthwi tho of the Resolution shall be the property at 7172-80 forwarded WEST 38TH to the AVENUE DONE AND RESOLVED this 28th day of August, 1~~0. ~w~ Dan Wilde, Mayor ATTEST: EXHIBIT A Fee Takinq: A tract of land lying in the NEX of Section 26, Township 3 South, Range 69 West of the 6th Principal Meridian, City of Wheat Ridge, County ~f 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 tracts contains 839 square feet, 0.019 acres, more or less. Permanent Easement: A tract of land lying in the NEX 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 which is 51.5 feet south of and parallel with the north line of said section, except the north 41.0 feet. Said tracts contains 801 square feet, 0.018 acres, more or less. For the purpose of: Installation and maintenance of sidewalks, utilities and slgnage. ~a ~ - - , RECEPTION NO. F0695913 16.00 215 RECORDED IN JEFFERSON COUNTY, COLORADO PG: 0001-003 9/17/1998 10:15:38 DISTRICT COURT, JEFFERSON COUNTY, STATE OF COLORADO Civil Action No. 97 CV 0219, Division 2 l/'? RULE AND ORDER CITY OF WHEAT RIDGE, a municipal corporation for the State of Colorado, petitioner, v. FOAMTEC SYSTEMS, INC., SHELLEY CHEW POE LENG, and ROBERT BAMMERLIN, as Treasurer of Jefferson County, Respondents. THIS MATTER came on regularly for hearing this day upon the Commission's Certificate of Ascertainment and Assessment and Report of Commissioners, which Commission was duly appointed to determine the compensation to be paid Respondents interested in the property; and it appearing to the Court from the records and files herein that all persons interested as owners or otherwise, as appearing of record, have been joined as parties respondent, THE COURT NOW FINDS: l. That the Court has full and complete jurisdiction of the subject matter 0.1: this action and the parties thereto; and that service has been made upon all parties as required by law, or that the same have subjected themselves to the jurisdiction of this Court. 2. That the accurate legal description of the property being acquired by Petitioner herein is set forth in Exhibit A attached hereto and incorporated herein by this reference. 3. That the value of the property actually taken by Petitioner is $5334.00. MUR\53027\295198.01 4. The Court further finds that Petitioner has not heretofore deposited any sums with the Clerk of t&~lR]efc By 5. The Court finds~that Respondents are entitled to interest on the award pursuant to C.R.S. ~ 38-1-1L6 at the tollowing interest rates: for 1990 and 1991:9%; for 1992-1998: 8%. 6. The Court finds that the interest owing on the award from the date of possession, September 9, 1990, to the date of~deposit of the award, which shall not be later than September 4, 1998, shall be $3477,77. ~ IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the taking of the property described in Exhibit A has been duly and lawfully taken and condemned by Petitioner pursuant to the statutes and the Constitution of the State of Colorado, and that the interests of all Respondents in said real e~tate property have been acquired by Petitioner and said real property is hereby conveyed in fee simple to 2etitioner. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Petitioner shall deposit the award and applicable interest In the amount of $8811.77. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that a certified copy of this Rule and Order be recorded and indexed in the office of the Clerk and Recorder of Jefferson County, Colorado, in like manner and in like effect as if it were a deed of conveyance from the owners and parties interested to Petitioner herein, and that the Lis Pendens recorded at Reception No. F0365216 in the records of the Clerk and Recorder of Jefferson County, Colorado, is hereby released. DONE this tjJY!:: day of A )$)2bn<-~, 1998. ../ V BY THE COURT: lELAND ANDERSON District Court Judge MUR\53027\295198 01 ~ EXHIBIT A Fee Takinq: A tract of land lying in the NEX of Section 26, Township 3 South, Range 69 West of the 6th Principal Meridian, City of Wheat Ridge, Countyuf 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 tracts contains 839 square feet, 0.019 acres, more or less. Permanent Easement: A tract of land lying in the NE~ 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 which is 51.5 feet south of and parallel with the north line of said section, except the north 41.0 feet. Said tracts contains 801 square feet, 0.018 acres, more or less. For the purpose of: Installation and maintenance of sidewalks, utilities and signage.