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HomeMy WebLinkAboutResolution-1985-0944 7 RESOLUTION NO. 944 Series of 1985 TITLE: A RESOLUTION AUTHORIZING THE CITY TO INITIATE EMINENT DOMAIN PROCEEDINGS IN ORDER TO ACQUIRE PROPERTY INTEREST IN THE BOWSER PROPERTY LOCATED AT 4504 EVERETT DRIVE IN WHEAT RIDGE WHEREAS, the City of Wheat Ridge is currently involved in the construction of the 45th and Everett Drainage 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 construction of the 45th and Everett Drainage Improvement Project, the City requires the acquisition and immediate possession of easements on certain land for storm drain- age in the area of 45th and Everett Street; and WHEREAS, easements across the property owned by Bowser is required for the completion of said project; and WHEREAS, an appraisal for the acquisition of easements of the property at 4504 Everett Drive has been obtained in order to complete this project; and WHEREAS, 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, negotiations have failed to produce a result satis- factory to the needs of the City in connection with this project; and WHEREAS, the city requires the acquisition and immediate posses- sion 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 as follows: 1. That the city Attorney, or his designee, be authorized to initiate an action for immediate possession and condemnation of the following parcel of land located at 4504 Everett Drive. a. which temporary improvements. Temporary easement to the parcel described in Exhibit easement shall be used for construction of drainage "A" , b. Permanent right-of-way easement to the parcel described ln Exhibit "B", which permanent right-of-way easement shall be used for drainage improvements. DONE AND RESOLVED this ?4th day of June, 1985. ATTEST: ~ ~t'~L / )~.--n? Wanda Sang, City Cl~k .'~ ~ ----z:c.d ,~d44 u~--' Frank Stites, Mayor .. project No: Location: EXHIBIT "A" 01-104.01-85-5 45th & Everett Drng. Improves. TEMPORARY EASEMENT KNOW ALL MEN BY THESE PRESENTS, that Kenneth L. Bowser and Irene Bowser, 4504 Everett Drive, Wheat Ridge, Colorado of Jefferson County, State of Colorado, hereinafter called the "grantor", for and in consideration of the sum of Two Hundred Nine Dollars and Eleven Cents ($209.11) and other valuable consideration to the", in hand paid by the City of Wheat Ridge, hereinafter called "City., do hereby give and gr ant un to sa id City, TEMPORARY RIGHT-OF-WAY and EASEMENT on, along, over and across the following described premises to-wi t: Beginning at a point on the North-South centerline of the Northeast one-quarter of Section 22, Township 3 South, Range 69 West, which point is the southwesterly corner of Parcel Bi thence North along said North-South centerline a distance of 42.6 feet, which point is 75 feet South of the Southernmost corner of Lot 156, CLEARVALE SUBDIVISION, Jefferson County, Colorado; thence North 55031' East along, parallel to, and 75 feet South of the Southeasterly bound- ary of said CLEARVALE SUBDIVISION a distance of 153 feet to the TRUE POINT OF BEGINNING; thence South 64028' East a distance of 80.35 feet to a point; thence South 64032' West a distance of 58.88 feet to a point; thence North -34029' west a distance of 60.37 feet to a point; thence North 55031.' East a distance of 18.0 feet to the TRUE POINT OF BEGINNING. Exhibit attached. For the purpose of constructing a drainageway for storm water runoff into Clear Creek, and for removing an existing 24-inch CMP storm drain pipe across Parcel B. Subject to the following terms and conditions: This Temporary Easement the construction period upon completion thereof. shall remain in effect only during for the project and shall expire IN WITNESS WHEREOF, We have hereun to set our hands th i s day of A.D., 1985. Grantor G r antoI STATE OF SS County of The foregoing instrument was acknowledged before me this day of A.D., 1985, by witness my hand and official seal. My commission expires Notary Public ~. ~ Address SEAL ~ P. ~ (). ~ Q:", If) ~ ~1 .~ C\) (\J \l Ii ~ v I..: V) '\:l ~... I. f- ::<.J :) ~~ ~~ '-l.lV ~ Il ,~ ....::: ~ ~ 'Ol/BIT /' ,/ /' o~I",.. .,jIS' ",.. 0/ 5,j'J ~/ .JI;? ~fl~ ~ O~ fLY t-l~ 6# 1~/ o~ / / / /' /' /' ./ j3 /'" IE;VjPOR/~RY EA5E/I/lENT Parcel B of Exh;/;;t.A De.ed doled .Deaml:>er 8) /q78 RecepflOn No. 78//4859" Y'e{,f'erson ~>1-1'j .-- -;--~ Project No: Location: 01-104.01-85-5 45th & Everett Drng. Improves. PERMANENT EASEMENT KNOW ALL MEN BY THESE PRESENTS, that Kenneth L. Bowser and Irene Bowser, 4504 Everett Drive, Wheat Ridge, Colorado of Jefferson County, State of Colorado, hereinafter called the "grantor" for and in consideration of the sum of Five Hundred Forty-Six Dollars and Fifteen Cents ($546.15) and other valuable consideration to them in hand paid by the City of Wheat Ridge, hereinafter called "City", do hereby give and grant to said City PERMANENT RIGHT-OF-WAY and EASEMENT on, along, over and across the following described premises to-wit: Beginning at a point on the North-South centerline of the Northeast one quarter of Section 22, Township 3 South, Range 69 West, which point is the Southwesterly corner of parcel B; thence North along said North-South centerline, a distance of 42.6 feet, which point is 75 feet south of the Southernmost corner of Lot 156 of CLEARVALE SUBDIVISION, Jefferson County, Colorado; thence North 55031' East along, parallel to and 75 feet South of the Southeasterly boundary of said CLEARVALE SUBDIVISION, a distance of 153 feet to the TRUE POINT OF BEGINNING; thence South 64028' East a distance of 80.35 feet to a point; thence North 64032' East a distance of 25.74 feet to a point; thence North -64028' West a distance of 85.01 feet to a point; thence South 55031' west a distance of 23.09 feet to a TRUE POINT OF BEGINNING. Exhibit attached. For the purpose of constructing a drainageway for storm water runoff into Clear Creek. Subject to the following terms and conditions: This easement is subject to all easements and restrictions of record. The premises shall be restored to original or better condition upon completion of the project. And the Grantors hereby covenant with the Grantees that they have good title to the aforedescribed premises; that they have good and lawful right to grant this easement. IN WITNESS WHEREOF, We have hereunto set our hands this of A.D., 1984. Grantor Grantor STATE OF ss County of The foregoing instrument was aCknowledged before me this of A.D., 1984, by Witness my hand and official seal. My commission expires Notary Public SEAL Address c=:.--r E.'{HIBIT liB It ..-: - day day ( ~ 0- ~ 0:-"" V) t tr) ,,~ , L ~~ ~ \1 11) ? ';:-'.tf- ~1 ~ ~ l<J ~ ~'l:.: Q'-.J fj) .t;;: -.::: '1--.. 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