The URL can be used to link to this page

Home My WebLink AboutResolution-1990-1219 RESOLUTION NO. lilY SERIES OF lYYU 'I'I'1'LE: A RESOLUTION DECLARING THE INTENT OF TH~ CITY OF \H1EA'I' RIDGE '1'0 ACQUJRE AN IN'l'ERE:ST IN A POR'1'ION OF '1'HE REAL PROPER'l'Y AT 70bO WEST 38TH AVENUE, WHEA'l' RIDGE, COLORADO IN FEE SIMPLE, FROM 'I'BE PRESEN'I' OWNERS 'I'HEREOF FOR THE PUBLIC PURPOSE OF COMPLETING THE WEST 38TH AVENUE S'I'REE'I' PROJEC'I' CCN'l'EMPLM'ED BY THE CITY, FUR- 'i'HER CON'fINUANCE OF GOOD FAI'l'H NEGO'I'IA'l'IONS TO ACQUIRE: SAID PROPER'I'Y, AND FUR'l'lUJR AUTHORIL;ING 'l'HE INI'l'IA'1'ION OF AN AC'l'ION IN E:MINEN'1' DOl-lAIN 'I'D ACQUIRE SAID PROPER'l'Y IN 'I'HE EVEN'I' GOOD FAITH NEGO'l'IATIONS DO NO'l' RhSUL'l' I}.; AN AGREEl-1EN'I' '1'0 ACQUIRE SAID PROPER'l'Y. \'iHEREAS, the Cl ty ot Wheat Ridge is involvecl in the desigIl ot a street construction, recoIlstruction, and Improvement project invol vlng \',est 38TH Avenue wl.t.hin the Cl ty ot Wheat Ridge, County at Jetterson, State ot Colorado; WHERI<:I,S, completioIJ ot sald \\lest 38TH Avenue Street ProJect IS undertaken tor the public purpose ot improving said publlC street In turtherance ot the health, satety and weltare ot the popula~lon ot the City ot Wheat Ridge and all those who use said \\lest 38TH Avenue; vlHEREAS, CHARLES S. RIDEG AND PHYLLIS M. REDIG are the tee owners at cert.ain property at 70bO WES'!' 38TH AVENUE, Wheat Ridge, ColoradO, WhlCh property is situate withln the rlght ot way necessary tor the completlon ot the West 38TH Avenue Improvement Project. WHEREAS, an appralsal has been obtained by the City tor the purpose ot determining the value ot said property, ~hlCh apprais- al has been used by the partles In negotlatlons between the Clty and the owners, the purpose ot WhlCh nego~iatlons has been to determlne It a purchase prlce may be agreed upon tor the acqulsl- tlon ot the requlred Interest In sald property by the Clty; WHEREAS, sald negotlatlons have, to ttns pOlnt, been unsuc- cesstul; WHEREAS, the Clty has determlned that It IS requlred to acqulre In tee simple a portlon ot the property located at 70bU WEST 38TH AVENUE, V<fleat Ridge, Colorado, ant ttlat, In the event that good talth negotlatlons do not result In a voluntary sale at sald Interest In sald real proverty to the Clty, It IS necessary that the Clty acqulre sald lnteres~ In sald real property through the use ot the Cl ty' s powers ot er:nnent dODlaln as reservecl t.o the Clty In Sect.lon Ib.4 ot tile Home Rule Charter ot t.he Clty ot Wheat Rldge, Colorado, Const1tut1on at the State seq. and 3tl-b-1Ul et seq. and In ArtIcle Jl, Sectlon 1~ at ot Colorado and In C.R.S. Jl:l-1-1U1, the et NOV, 'l'HEHEFORE, BE l'J' RESlJLVED by ttle C1ty Councll at tile Clt~ ot Wheat RIdge, that 1. The C1 ty Councll (Joes hereby declare 1 ts 1lltellt to acquIre a tee slmp1e Interest In a portlon ot the real property sltuate at 7UbU WEST JtlTH AVENUE, Wheat Rldge, Colorado (WhlCh Interest to be acqulred IS descrlbed In Exhlblt A attached here- to) trom 1 ts present owners and all at hers llav1 ng an lilt erest thereln. 2. The property to be acqulred, as descr1bed In Exhlb1t A, IS necessary tor the public purpose 01 comp1etlon ot the roadway, and reI ated Improvements, to be completed as part ot ttle vlest JHTl:! Avenue Street_ Improvement ProJect, wlnch publlC works project l1as as Its pub11 c purposes the I_mprovement ot the street, dralnage and pedestrlan access portlons ot the publlC street known as West_ JtlTH Avenue, trom WadsvlOrtn Boulevarci to PI_erce Street, w1th1n the C1ty ot Wheat Rldge, Colorado. j. The propert_~- at 7UbU WEB'!' Jl:lTH AVENUE 1 S [,ecessary tor the completlon ot sald West JH~H Avenue Street ProJect as de- 51 gne(l. 4. The C1ty Councll spec1tlcally author1zes that negotla- t Ions between tile C1 ty and owners 01 the property contlnue In good talth, but III the event sald negotlat1ons are unsuccesstul, acqulsl tlon ot the property descrlbed In Exlllbl t A 1 rom the record owners thereot and all others llavlng an Interest t.l1ereln, througti the use ot the powers ot ennnent domaln based upon the C1 ty' 5 powers ot eml nent domalll granted by tt1e Constl tut10n ot the State ot Colorado, the Clty'S Home Rule Charter, and the statutes ot the State ot ColoradO, IS hereby authorlzed. ~. A copy ot the Reso1utlon shall be torwarded to the record owner at tile propert_y at 7UbU WES'!' Jl:lTH AVENUE torU,wltll. DONE l\ND Rl<;SOl.VED th1S 20th day at August, J~~lJ. ~tv~L Dan Wllde, Mayor lI'l''l'E S'l' : , I 'I ,if ~:;:/l;/ '__.:.''(.,;" - Ylancla Sang, / I ' -' /,-- ,: Cl ty , (:~E?i'k EXHIBIT A A tract of land lying in the NE 1/4 of Section 26, Township 3 South, Range 69 West of the 6th Principal Meridian, City of Hheat Ridge, County of Jefferson, State of Colorado, described as follows: The north 11.5 feet of Parcell and Parcel 2, as described in Book 2154, Page 630, records of said County. Said tract containing 1732.7 feet or 0.04 acres, more or less.