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HomeMy WebLinkAboutResolution-1990-1222 RESOI,UTION NO. 1222 SERIES OF 1990 'l'J 'l'I,E: A RESOLU'l'ION DECLARING THE IN'l'EN'l' OF 'l'HF, CJ TY OF WHF,A'l' I<lDGf. 'H! M:<,~l)I}{}, F-1\) ]N'l'l<RJ,~;'I' IN A POR'l'ION OF THE REAl. PROPER'l'Y (TRAC'l' 19) AT 3765 WADSWORTH BOULEVARD, vJHEAT RIDGE, COLORADO ] N FEE SIMPLE, FRml 'l'HE PRESENT OWNERS 'THEREOF FOR 'I'HE PUBLIC PURPOSE OF COMPLE'l'ING 'l'HE: WEST 38'l'H AVENUE S'l'REET PROJECT CON'l'EMPLA'l'ED BY 'I'HE CI'l'Y, FURTHER CONTINUANCE OF GOOD F1U'l'H NEGO'l'IATIONS TO ACQUIRE SAID PROPERTY, AND FURTHER AUTHORIZING 'l'HE INI'l'IA'l'ION OF AN ACTION IN EHINEN'l' DOMAIN 'l'0 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 improvement project involving West 38th Avenue within the City of Wheat Ridge, County of Jefferson, state of Colorado; WHEREAS, completion vf said West 38th Avenue Street Project is undertaken for the public purpose of improving said public street in furtherance of the health, safety and welfare of the populatioL of the City of WhEat Ridge and all those who use said West 38th Avenue; WHEREAS, EMANUEL BUGELLI AND BERTIE ANN BUGELLI are the fee owners of certain property at 3765 WADSWORTH BOULEVARD, v~heat Ridge, Colorado, which property is situate within the right of way necessary for the completion of the West 38TH Avenue Improve- ment Project. WHEREAS, an appraisal has been obtained by the City for the purpose of (If>tprftinillg the vaIue of said property, which apprais- al has been used by the parties in negotiati.ons between the City and the owners, the purpose of which 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- cessful; HHEREAS, the City has determined that it is required to acquire in fee simple a portion of the property located at 3765 WADSWORTH BOULEVARD, Wheat Ridge, Colorado, ant that, In the event that good faith negotiations do not result in a voluntary sale cf 8Bi~ interest i~ said real property to the City, it lS necessary that the City acquire said interest JD said real property through the use of the City's powers of eminent as reserved to the City in Section 16.4 of the Home Rule of the City of Wheat Ridge, Colorado, and in Article II, 15 of the Constitution of the State of Colorado and in 38-1-101, et seq. and 38-6-101 et seq. domain Charter Section C.R.S. NOW THEREFORE:, BE 1'1' RESOI.vED by the City Council of the City of Wheat Ridge, that 1. The City Council does hereby declare its intent to acquire a fee simple interest in a portion of the real property situate at 3765 WADSWORTH BOULEVARD, Wheat Ridge, Colorado (which interest to be acquired is 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 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 38th Avenue Street Improvement Project, \'ihich public works project has as its public purposes the improvement of the street, drainage and pedestrian access portions of the public street known as West 38th Avenue, from Wadsworth Boulevard East to Pierce Street, within the City of Wheat Ridge, Colorado. 3. for the signed. The property at 3765 WADSWORTH BOULEVARD 1S necessary compIetion of said West 38th Avenue Street Project as de- 4. The City Council specifically authorizes that negotia- tions betvleen the Ci ty 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 I S powers of eminent domain granted by the Consti t.ution 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 record owner of forthwith. of the Resolution shall be forwarded to the the property at 3765 WADSWORTH BOULEVARD DONE AND RESOLVED this 28th day of AUGUS'l' ] 990. I AT'l'EST: \ /_~~ I / - ~'"',I ,. /.)JdJc(..!/<---' /' Uli" Wanda Sang, City ct~rk ~~ Dan Wilde, Mayor EXHIBIT A A tract of land lying In the ~~ 1/4 of Section 26, Township 3 South, Range 69 West of the 6th Principal Meridian, City of Wheat Ridge, County of Jefferson, State of Colorado, de- scribed as follows: The north 8 feet of the north 150 feet of that parcel described in Reception No. 86161160, records of said County. Said tract containing 1240 square feet or 0.029 acres, more or less.