HomeMy WebLinkAboutResolution-1990-1208
RESOLUTION NO. 1208
SERIES OF l'::lYO
'l'1 TLE:
A RESOLUT10N DECLARING THE lNTEN'l' OF 'rHE CITY OF
WHEAT RIDGE TO ACQUIRE AN INTEREST IN A PORTION OF THE
REAL PROPl<:RTY AT 59 HILLSIDE DRIVE, WHEAT RIDGE,
COLORADO IN FEE SIMPLE, FROM THE PRESENT OWNERS THEREOF
FOR THE PUBLIC PURPOSE OF COMPLETING THE WEST 32ND
AVENUE STREET PROJECT CONTEMPLATED BY THE CITY, FUR-
'J'HER CONTINUANCE OF GOOD FAITH NEGO'I'IATIONS 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 ot Wheat Ridge is involved in the design
at a street construction, reconstruction, and improvement project
involving West 32nd Avenue within the Clty ot Wheat Ridge, County
at Jetferson, State of Colorado;
WHEREAS, completion of said \'1est 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 \'1beat Ridge and all those who use said
West 32nd Avenue;
v1HEREAS, ALVENA O. KUEKER is the fee owner at certain
property at 59 HILLSIDE DRIVE, Wheat Ridge, Colorado, which
property is situate Wl thin the right of way necessary for the
completion at the West 32nd Avenue Improvement Project.
WHEREAS, an appralsal has been obta.ined by the City for the
purpose at 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 which negotiations has been to
determine it a purchase price may be agreed upon tor the acquisi-
tion of the required .l.nterest in said property by the City;
WHEREAS, said negotiations have, to this point, been unsuc-
cessful;
WHEREAS, the City has determined that it is required to
acquire in fee simple a portion of the property located at 59
HILLSIDE DRIVE, Wheat Ridge, Colorado, ant that. 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 saJd real property through
the use of the City's powers of eminent domain as reserved to the
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 38-6-101 et seq.
NOW THEREFORE, BE IT RESOLVED by the City Council of the
City ot Wheat Ridge, that
1.
The City Council does hereby declare its intent to
a fee simple interest in a portion of the real property
at 59 HILLSIDE DRIVE, Wheat Ridge, Colorado (which
to be acquired is descrlbed in Exhibit A attached here-
lts present owners and all others having an lnterest
acqulre
situate
interest
to) from
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 improvements, to be completed as part of the West
32nd Avenue Street Improvement Project, which public works
project has as its publlc purposes the improvement ot the street,
drainage and pedestrian access portions ot the public street
known as "'lest 32nd Avenue, from Kipling Street west to Simms
Street, within the City of Wheat Ridge, Colorado.
3. The property at 59 HILLSIDE DRIVE is necessary for the
completion of said West 32nd Avenue Street Project as designed.
4. The City 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 therein,
through the use of the powers of eminent domain based upon the
Ci ty' 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 owner of tl1e property at 59 HILLSIDE DRIVE forthwith.
DONE AND RESOLVED this 14th day of May, 1990.
~~
Dan Wilde, Mayor
AT'rEST:
I
/J { h C (" _ , " . J
Wanda Sang, City Cperk
Legal Description
Parcel 10 - Kueker, Alvena o.
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:
f ,J
I
Beginning at a point on the west line of Lot 5, Block 13,
PARAMOUNT HEIGHTS SUBDIVISION "PART ONE", Jefferson County
Records, which point is westerly 781.7 feet along the north line
of the said SE 1/4 from the northeast corner thereof, and south
at a right angle 35 feet, which point is the TRUE POINT OF
BEGINNING.
Thence easterly 181.9 feet, more or less, parallel with the
north line of the said SE 1/4 to the point of curvature of a
curve that has a central angle of 90000'00", a radius of 15 feet
and is concave to the southwest;
Thence southeasterly along said curve to the point of
tangency which is the point of curvature of a curve that has a
central angle of 90000'00", a radius of 20 feet and is concave to
the southwest, said 20 foot radius curve is as shown for said Lot
5 ;
Thence northwesterly 31.42 feet along said curve to the
point of tangency;
Thence westerly 176.9 feet along the north line of said Lot
5 to the northwest corner thereof;
Thence southerly 5 feet along the west line of said Lot 5 to
the TRUE POINT OF BEGINNING.
Said parcel contains 950 square feet or 0.022 acres, more or
less, and shall be used for right-of-way purposes only.
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