HomeMy WebLinkAboutResolution-1990-1184
RESOLUTION NO. 1184
SERIES OF 1990
TITLE:
A RESOLUTION DECLARING THE INTENT OF THE CITY OF WHEAT
RIDGE TO ACQUIRE THE REAL PROPERTY AT 7150 WEST 38TH
AVENUE, WHEAT RIDGE, COLORADO IN FEE SIMPLE, FROM THE
PRESENT OWNERS THEREOF FOR THE PUBLIC PURPOSE OF
COMPLETING THE WEST 38TH AVENUE STREET IMPROVEMENTS
CONTEMPLATED BY THE CITY, FURTHER AUTHORIZING THE
UNDERTAKING OF GOOD FAITH NEGOTIATIONS TO ACQUIRE SAID
PROPERTY, AND FURTHER AUTHORIZING THE INITIATION OF 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.
WHEREAS, the City of Wheat Ridge is involved in the design of
a street construction, reconstruction, and improvement project
involving West 38th Avenue within the City of Wheat Ridge, County
of Jefferson, State of Colorado;
WHEREAS, completion of said West 38th Avenue Street Project
is undertaken for the pUblic purpose of improving said public
street in furtherance of the health, safety, and welfare of the
population of the City of Wheat Ridge and all those who use said
West 38th Avenue;
WHEREAS, Mr. and Mrs. Dee Jay Byrnes are the fee owners of
certain property at 7150 West 38th Avenue, Wheat Ridge, Colorado,
which property is situate within the right-of-way necessary for
completion of said West 38th Avenue street improvements;
WHEREAS, appraisals have been obtained by the City and the
owners of said property for the purpose of determining the value
of said property, which appraisals have been used by the parties
in negotiations between the City and the owners, the purpose of
which negotiations has been to determine if a purchase price may
be agreed upon for acquisition of said property by the City;
WHEREAS, said negotiations have, to this point,
unsuccessful;
been
WHEREAS, the City has determined that it is required to
acquire in fee simple the property located at 7150 West 38th
Avenue, Wheat Ridge, Colorado, and that, in the event good faith
negotiations do not result in a voluntary sale of said property to
the City, it is necessary that the City acquire said property
through the use of the City's powers of eminent domain as reserved
to the City in section 16.4 of the Home Rule Charter of the City
of Wheat Ridge, Colorado, and in Article II, Section 15 of the
Constitution of the State of Colorado and in C.R.S. 38-1-101, et
seq. and 38-6-101 et seq.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City
of Wheat Ridge, that
1. The City Council does hereby declare its intent to
acquire a fee simple interest in the real property situate at 7150
West 38th Avenue, Wheat Ridge, Colorado from its present owners,
and all others having an interest therein.
2. The property to be acquired, as described above, is
necessary for the public purpose of completion of the roadway, and
related improvements, to be completed as a part of the West 38th
Avenue street Improvement Program, which 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, from Wadsworth Boulevard east to Sheridan Boulevard, within
the City of Wheat Ridge, Colorado.
3. The property at 7150 West 38th Avenue is necessary for
completion of said West 38th Avenue street Improvement Program as
designed.
4. The City Council specifically authorizes that
negotiations between the city and the owners of the property
continue in good faith, but in the event said negotiations are
unsuccessful, acquisition of the property at 7150 West 38th Avenue,
Wheat Ridge, Colorado, 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 of the Resolution shall be forwarded to the record
owners of the property at 7150 West 38th Avenue forthwith.
DONE AND RESOLVED this 12th day of February, 1989.
~~
Dan Wilde, Mayor
erk