HomeMy WebLinkAboutResolution-1990-1207
RESOLUTJ ON NO. 1207
SERIES OF lYYO
TI'I'LE:
A RESOLUTION DECLARING THE INTEN'I' OF THE CITY OF
WHEAT RIDGE TO ACQUIRE AN INTEREST IN A PORTION OF THE
REAL PROPER'l'Y AT 46 MORNINGS IDE DRIVE, WHEAT RIDGE,
COI,ORADO IN FEE SIMPLE, FROM THE PRESEN'l' OWNERS 'l'HEREOF
FOR THE PUBLIC PURPOSE OF COMPLETING THE WEST 32ND
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 DOMAIN TO ACQUIRE SAID PROPERTY
IN THE EVENT GOOD FAITH NEGOTIATIONS DO NOT RESULT IN
AN AGREEMENT '1'0 ACQUIRE SAID PROPERTY.
WHEREAS, the City of Wheat Ridge is involved in the design
of a street construction, reconstruction, and improvement project
involving West 32nd Avenue wlthin the City ot Wheat Ridge, County
of Jefferson, State of Colorado;
WHEREAS, completion of sald West 32nd 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 32nd Avenue;
WHEREAS, WILFRED A. AND JANE M. MAYVILLE are the tee owners
of certain property at 46 MORNINGSIDE DRIVE, Wheat Ridge, Colora-
do, which property is situate within the right of way necessary
for 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 of wtllch negotiations has been to
determine if a purchase price may be agreed upon for the acquisi-
tion of the required interest in said property by the City;
WHEREAS, said negotiations have, to this point, been unsuc-
cesstul;
WHEREAS, the City has determined that it is required to
acquire in fee simple a portion of the property located at 46
MORNINGSIDE DRIVE, Wheat Ridge, Colorado, ant tbat, in the event
that good faith negotiations do not result in a voluntary sale of
said interest in said real property to the City, it is necessary
that the City acquire said interest in said real property through
tbe use of ttle City' s powers of eminent domain as reserved to t.be
Ci ty 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
~ and 38-6-1U1 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
a tee simple interest in a portion of the real property
at 46 fo1ORNINGSIDE DRIVE, Wheat Ridge, Colorado (which
to be acquired 1S described in Exh1bit A attached here-
its present owners and all others having an 1nterest
acquire
situate
interest.
to) trom
therein.
2. The property to be acquired, as described in Exhibit A,
is necessary for the public purpose of completion of the roadway,
and related 1mprovements, to be completed as part of the Hest
J2nd Avenue Street Improvement Project, which public works
project has as its public purposes the 1mprovement of the street,
drainage and pedestrian access portions of the public street
known as West 32nd Avenue, from Kipling Street west to Simms
Street, within the City of Wheat Ridge, Colorado.
3. The property at 46 MORNINGSIDE DRIVE 1S necessary tor
the completion ot said West 32nd Avenue Street Project as de-
signed.
4. The Clty Council specifically authorizes that negotia-
tions between the City and owners of the property continue in
good faith, but in the event said negotiations are unsuccessful,
acquisition of the property described in Exhibit A from the
record owners thereof and all others having an interest thereln,
through the use ot the powers of eminent domain based upon the
City I S powers ot eminent domain granted by the Consti tutien of
the State ot 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 owner of the property at 46 MORNINGSIDE DRIVE forthwith.
DONE AND RESOLVED this 14th day of May, 1990.
~~
Dan Wilde, ~layor
ATTEST:
Wanda Sang, City C4erk
Legal Description
Parcel 6-A - Mayville, Wilfred A. and Jane M.
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 east line of Lot 1, Block 13,
PARAMOUNT HEIGHTS SUBDIVISION "PART ONE", Jefferson County
Records, which point is westerly 1,196.9 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 westerly 90.03 feet to a point which is 41.5 feet
south of as measured normal to the north line of said SE 1/4;
Thence southwesterly 20.72 feet to the point of curvature on
the west line of said Lot 1, which point is 54.72 feet south of,
as measured normal to the north line of said SE 1/4;
Thence northeasterly along a non-tangent curve concave to
the southeast, having a central angle of 79051'27" and a radius
of 30 feet to the point of tangency on the north line of said Lot
1;
Thence easterly 73.70 feet along the north line of the said
Lot 1 to the northeast corner thereof;
Thence southeasterly 10.76 feet along the east line of said
Lot 1 to the TRUE POINT OF BEGINNING.
Said parcel contains 1080 square feet or 0.025 acres, more
or less, and shall be used for right-of-way purposes only.
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