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HomeMy WebLinkAboutResolution-1990-1209 RESOLU'l'ION NO. 1209 SERIES OF 1990 'l'ITLE: A RESOLUTION DECLARING THE INTEN'l' OF THE CI'l'Y OF WHEAT RIDGE TO ACQUIRE AN INTEREST IN A PORTION OF THE REAL PROPERTY AT 10260 WEST 32ND AVENUE, WHEAT RIDGE, COLORADO IN FEE SIMPLE, FROM THE PRESENT OWNERS THEREOF FOR THE PUBLIC PURPOSE OF COMPLETING THE WEST 3LND 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 TO ACQUIRE SAID PROPERTY. WHEREAS, the City of Wheat Ridge is involved in the design of a street construction, reconstruction, and i~provement project involvlng West 32nd Avenue within the City of Wheat Ridge, County of Jefferson, State of Colorado; WHEREAS, completion of said West 3Lnd Avenue Street Project is undertaken for the public purpose of improving said public street in furtherance of the health, safety and weltare ot the population of the City of Wheat Ridge and all those who use said West 32nd Avenue; WHEREAS, ANDREW A. AND CELESTE A. VIGIL are the tee owners ot certain property at 10260 WEST 32ND AVENUE, Wheat Ridge, Colorado, which property is situate within the right of way necessary for the completion of the West 3Lnd Avenue Improvement Project. WHEREAS, an appraisal has been obtained by the City for the purpose of determlning the value of said property, which apprais- al has been used by the parties in negotiations between the City and the ov,ners, the purpose ot which negotiations has been to determlne if a purchase price may be agreed upon for the acquisi- tion of tl:e required interest 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 tee simple a portion of the property located at 10260 WEST 32ND AVENUE, 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 lnterest 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 of the Constitution of the State ot Colorado and in C.R.S. 38-1-J01, et ~ and 38-6-101 et seq. NOW THEREFORE, BE IT RESOINED by the City Council of the City of Wheat Ridge, that I. The City Council does hereby declare its intent to acquire a fee Slmple interest in a portion ot the real property si tuate at lO~60 WEST 3~ND AVENUE, Wheat Ridge, Colorado (which interest to be acquired 1S described in Exhibit A attached here- to) from its present owners and all others having an interest therein. 2. The property to be acquired, as described ln Exhibit A, is necessary for the public purpose of completion of the roadway, and related improvements, to be completed as part of the \vest 32nd Avenue Street Improvement Project, which public works project has as its public purposes the improvement of the street, dralnage and pedest.rian access portions of the public street known as West 32nd Avenue, tram Kipling Street west to Simms street, wlthin the City ot Wheat Ridge, Colorado. J. The property at 10260 WEST 32ND AVENUE is necessary for the completion ot said West 32nd Avenue Street Project as de- signed. 4. The City Council specifically authorizes tllat negotia- tions between the City and owners of the property continue in good taith, but in the event said negotiations are unsuccessful, acquisition ot 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 ot the State ot Colorado, the City I S Home Rule Charter, and the statutes at tl1e State of Colorado, is hereby authorized. 5. A copy at the Resolution shall be forwarded to the record owner of tlte property at 10260 WEST 32ND AVENUE forthwith. DONE AND RESOLVED this 14th day of May, 1990. ~~ Dan Wilde, Mayor A'l'TEST: Legal Description Parcel 9 - Vigil, Andrew A. and Celeste A. 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 4, Block 13, PARAMOUNT HEIGHTS SUBDIVISION "PART ONE", Jefferson County Records, which point is west along the north line of said SE 1/4 a distance of 916.7 feet from the northeast corner of the said SE 1/4 and south at a right angle 36.7 feet, which point is the TRUE POINT OF BEGINNING; Thence easterly 135.01 feet to a point on the east line of said Lot 4 that is 35 feet south of as measured normal to the north line of said SE 1/4; Thence northerly 5 feet along the said east line to the north line of said Lot 4; Thence westerly 135 feet along the said north line to the northwest corner of said Lot 4; Thence southerly along the west line of said Lot 4 a distance of 6.7 feet to the TRUE POINT OF BEGINNING. Said parcel contains 790 square feet or 0.018 acres, more or less, and shall be used for right-of way purposes unly. Page El:l t ~ i I I " ~.. , . I' '! I' I' \. i, \ ~ .;; ~l ~ ' l,' .,y, , ~ " !1!.J