HomeMy WebLinkAboutResolution-1984-0892
RESOLUTION NO. 892
Series of 1984
TI'rLE:
RESOLUTION AUTHORIZING THE CITY TO INITIATE EMINENT
DOMAIN PROCEEDINGS IN ORDER TO ACQUIRE PROPERTY
INTEREST IN THE SIMS PROPERTY LOCATE:D AT l0665 WEST
36TH AVENUE IN WHEAT RIDGE
WHEREAS, the City of Wheat Ridge lS currently involved
in the construction of the Lena Gulch Flood Improvement
Project, which is a public project undertaken and executed
in furtherance of the public health, safety, and welfare;
and
WHEREAS, in order to complete said project, the City
requires the acquisition and immediate possession of easements
on certain lands for storm drainage along Lena Gulch; and
WHEREAS, the property owned by Sims is required for the
completion of said project; and
WHEREAS, an appraisal for the acquisition of a portion
of the property at l0665 West 36th Avenue has been obtained
in order to complete this project; and
vlliEREAS, extensive good faith negotiations have been
undertaken between the City and the property owner, during
which the City has offered to the property owner no less
than the appraised price for said property interest sought
to be obtained; and
WHEREAS, said negotiations have failed to produce a
result satisfactory to the needs of the City in connection
with this project; and
~ffiEREAS, the City requires the acquisition and immediate
possession of said property interest for the purpose of
completing said public project;
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Wheat Ridge that the City Attorney be authorized
to initiate an action for immediate possession and condemnation
of the following parcels of land located at 10665 West 36th
Avenue.
1. As construction easement, a parcel described in
the attached description: Lena Gulch Drainageway Acquisition
No. 4.100C (Exhibit A). Said easement shall be used during
construction of storm drainage improvement.
;(3 rd
day of
(Fxhibi t. B)
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DONE AND RESOLVED this
A.D. 1984.
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Stites, Mayor
Frank
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LENA GULCH DRAINAG~WAY
FLOOD
CONTROL
IMPROVEMENT
PROJECT
City of Wheat Ridge, Colorado
LENA GULCH DRAINAGEWAY
CONSTRUCTION EASEMENT NO. 4.100C
PROJECT 732-28.2
JANUARY 24, 1980
SHEET 1 OF 2
LEGAL DESCRIPTION OF LENA GULCH CONSTRUCTION EASEMENT NO. 4.100C
That part of Lot 2, Block 3, Roll ing Hills Subdivision, Jefferson County,
Colorado described as follows:
Beginning at the Northeast corner of said Lot 2;
thence South along the East 1 ine of said Lot 2, 52 feet;
thence North 86059' 14" West, 95.13 feet to a point on the West line of
sa id Lot 2;
thence North along said West line, 72 feet to the Northwest corner of said
Lot 2;
thence Southeasterly and Easterly along the courses of North Boundary of
said Lot, 112 feet, more or less to the Point of Beginning.
Containing 5,026 square feet or 0.115 Acres, more or less.
Said Construction Easement is contained in the property described in Book
2301 Page 703 of the Jefferson County Records.
EXHIBIT "A"
REVISEO: FEBRUARY 10, 1981
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:::>A20 Alc:otl Slreel
Denver Colorado 80211
Phone tJ031 458-6201
LENA GULCH DRAINAGEWAY
FLOOD CONTROL IMPROVEMENT PROJECT
City of Wheat Ridge, Colorado
C.O\.J 51 RUe TIO t-J
EA S E M E ~ T 4, \ 00 c..
JAlJU/:>..RY 24, I B80
0.115 AC.
REVISED FE.BRUARY
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CONSTRUCTION EASEMENT
THIS EASEMENT granted this day of
1984, by FRANK E. SIMS, (hereinafter referred to as
to THE CITY OF WHEAT RIDGE, a municipal corporation,
referred to as "Grantee").
"Grantor")
(hereinafter
In and for the consideration of the mutual covenants
and benefits described herein, Grantor does hereby grant,
bargain, sell, assign, and convey to Grantee an Easement to
use and to enter upon the real property described on Exhibit
A which is attached hereto and expressly incorporated herein,
for the sum of $ 2,150.00. It is expressly understood and
agreed by and between the parties, and is expressly made a
portion of the grant hereby conveyed, that the Easement
hereby granted is for the purpose of allowing Grantee to
enter upon the Property described for the purpose of
constructing flood control improvements which will be of
benefit to Grantor and other citizens of The City of Wheat
Ridge, as well as to residents of surrounding areas.
The Easement granted hereby shall entitle Grantee to
enter upon the described Property for the purpose of
constructing such improvements as may be contemplated and
required by Grantee. During the term of this Easement,
which shall continue during any construction activities
carried on and maintained by Grantee on said flood control
project, Grantee agrees that it shall be responsible to
repair or compensate Grantor for any damages caused by Grantee's
utilization of this Easement to Grantor's surrounding property.
The parties anticipate that this Easement shall be in
effect for a period of six (6) months from the date of commence-
ment of construction activities, which date shall be specified
by a written document from Grantee to Grantor. In the event
it is necessary for Grantee to utilize this Construction
Easement for a period in excess of the six (6) months presently
contemplated, Grantee shall pay to Grantor an additional sum
of $ 108.33 for each thirty (30) days, or any part thereof,
during which this Construction Easement remains in force.
EXHIBIT "B"
This Construction Easement shall remain in force and
effect until released of record by Grantee and Grantor.
GRANTOR:
GRANTEE:
FRANK E. SIMS
THE CITY OF WHEAT RIDGE,
a municipal corporation
By
Frank E. Sims
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By ~;;d ' liJ';t:T;:.-,
Frank stites, Mayor
ATTEs'r:
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