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HomeMy WebLinkAboutResolution-1990-1206 RESOLUTION NO. 1206 SERIES OF 1990 '1'I'l'LE: A RESOLUTION DECLARING THE IN'1'ENT OF THE CITY OF \I/HEA'1' RIDGE '1'0 ACQUIRE AN ] NTEREST IN A PORTION OF 'I'HE REAL PROPER'1'Y A 'I' 10340 WEST 32ND AVENUE, \VHEAT RIDGE, COLORADO IN FEE SIMPLE, FROM THE PRESEN'I' OWNERS THEREOF FOR THE PUBLIC PURPOSE OF COMPLETING THE WEST 32ND AVENUE STREET PROJECT CONTEMPLATED BY THE CITY, FUR- 'l'HER CONTINUANCE OF GOOD FAITH NEGO'I'IATIONS TO ACQUIRE SAID PROPERTY, AND FURTHER AUTHORIZING THE INITIATION OF AN ACTION IN Er-llNENT DOMAIN TO ACQUIRE SAID PROPER'I'Y IN THE EVENT GOOD FAITH NEGOTIATIONS DO NOT RESULT IN AN AGREEMENT TO ACQUIRE SAID PROPER'I'Y. WHEREAS, the City ot Wheat Ridge is involved in the design of a street construction, reconstruction, and improvement project involving West 32nd Avenue within the City of Wheat Ridge, County of Jefferson, State of Coloradoi WHEREAS, completion of said West 32nd Avenue Street Project is undertaken for the public purpose of improving said public street in furtherance ot the health, satety and weltare of the population ot the City of Wheat Ridge and all those who use said West 32nd Avenuei WHEREAS, SHARON L. MIKRUT is the tee owner of certain property at 10340 WEST 32ND AVENUE, Wheat Ridge, Colorado, which property lS situate Wl thin the right ot way necessary tor the completion of the West 32nd Avenue Improvement Project. WHEREAS, an appraisal has been obtained by the City for the purpose of determining the value of said property, which apprais- al has been used by the parties in negotiations between the City and the owners, the purpose ot whlch negotiations has been to determine it a purchase price may be agreed upon tor tile acquisi- tion of the required interest in said property by the CitYi WHEREAS, said negotiations have, to this point, been unsuc- cesstuli WHEREAS, the City has determined that It is required to acquire in tee simple a portion of the property located at 10340 WEST 32ND AVENUE, Wheat Ridge, Colorado, ant that, in the event that good faith negotiations do not result In a voluntary sale ot said interest in said real property to the City, it is necessary that the City acquire said interest in said real property through the use of the City's powers of eminent domain as reserved to the Ci ty in Section 16.4 ot the Home Rule Charter of the City ot Wheat Ridge, Colorado, and in Article II, Section 15 ot the Constitution of the State of Colorado and in C.R.S. 3B-I-IOl, et ~ and 3B-6-101 et seq. NOW THEREFORE, BE IT RESOLVED by the City Councll of the City of Wheat Ridge, that 1. The City Council does hereby declare lts intent to acquire a fee simple interest in a portion ot the real property situate at 10340 WEST 32ND AVENUE, Wheat Ridge, Colorado \which interest to be acquired is described in Exhibit A attached here- to) trom its present owners and all others having an interest therein. 2. The property to be acquired, as described In Exhibit A, is necessary for the public purpose of completion ot the roadway, and related improvements, to be completed as part ot the \'/est 32nd Avenue Street Improvement Project, which public works project has as its public purposes the improvement ot the street, drainage and pedestrian access portions ot the public street known as West 32nd Avenue, trom Kipling Street west to Simms street, within the City of Wheat Ridge, Colorado. 3. The property at 10340 WEST 32ND AVENUE is necessary tor the completion ot said ~Iest 32nd Avenue Street Project as de- signed. 4. The City Council specitlcally authorizes that negotia- tions behveen the City and owners of t11e property continue in good taith, but in the event said negotlations are unsuccessful, 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 Ci ty I S powers of eminent domain granted by the Consti tut.ion of the State ot Colorado, the City's Horne Rule Charter, and the statutes of the State of Colorado, is hereby authorized. j. A copy at the Resolution shall be forwarded to the record owner ot the property at 10340 WEST 32ND AVENUE forthwith. DONE AND RESOLVED this 14th day of May, l~~U. ~~ Dan Wilde, Mayor A'l"l'EST: '. Wanda Sang, City Clerk Legal Description Parcel 7 - Mikrut, Sharon A parcel of land lying in the SE 1/4 of Section 28, T3S, R69W of the 6th P.M., City of Wheat Ridge, County of Jefferson, State of Colorado, described as follows: Beginning at a point on the west line of Lot 2, Block 13, PARAMOUNT HEIGHTS SUBDIVISION "PART ONE", Jefferson County Records, which point is westerly 1196.9 feet along the north line of said SE 1/4 from the northeast corner thereof and south at a right angle 40.4 feet, which point is the TRUE POINT OF BEGINNING; Thence easterly 170.24 feet to a point on the east line of said Lot 2, which point is 38.2 feet south of, as measured normal to the north line of the said SE 1/4; Thence northerly 8.2 feet along said east property line to the northeast corner of said Lot 2; Thence westerly 173 feet along the north line of said Lot 2 to the northwest corner thereof; Thence southeasterly 10.8 feet along the west line of saia Lot 2 to the TRUE POINT OF BEGINNING. Said parcel contains 1610 square feet or 0.037 acres, more or less, and shall be used for right-of-way purposes only. Page El:l