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HomeMy WebLinkAboutResolution-1991-1247 RESOLUTION NO. 1247 SERIES OF 1990 TITLE: A RESOLUTION DECLARING THE INTENT OF THE CITY OF WHEAT RIDGE TO ACQUIRE AN EASEMENT OVER A PORTION OF THE REAL PROPERTY AT 7690 WES1' 38TH AVENUE, WHEAT RID~E, COLORA- DO IN FEE SIMPLE, FROM THE PRESENT OWNERS THEREOF FOR THE PUBLI C PURPOSE OF COMPU:T1 NG THE WEST 38TB AVENUE STREET PROJECT CC'NTEMPLATED BY THE CITY, FURTHER CON- llNUANCE OF GOOD FAITH NEGOTIATIONS TO ACQUIRE SAID PROPERTY, AND FURTBER AUTHORIZING THE INITIATION OF AN ACTION IN EMINENT DOMAiN TO ACQUIRE SAI D 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 iwprovement project involving West 38th Avenue ~ithin the city of Wheat Ridge, County of Jefferson, State of Colorado; WHEREAS, completion of said West 1S undertaken for tne public purpose street in furtherance of tne health, population of tne City of Wheat Ridge West 38th Avenue; 38th Avenue Street Project of improving said public safety and welfare of tne and all tnose who use said WHEREAS, JOHN A. YELENICK AND fee owners of certain property at Ridge, Colorado, whicn property is way necessary for tne cowpletion at ment Project. MARSAL R. YELENICK, are the 7690 WEST 38TH AVENUE, Wheat situated within tne right of the West 38th Avenue ]mprove- WHEREAS, an appraisal has been obtained by tne City for the purpose of determining the value of said property, which apprais- al nas been used by tne parties in negotiations between the City and tne owners, the purpose of which negotiations nas been to determine if a purchase price may be agreed upon for tne acquisi- tion of the required easement over said property by the City; WHEREAS, said negotiations have, to tnis point, been unsuc- cessful; WHEREAS, tne City has determined that it ]S required to acqulre ln fee simple a portion of tne property located at 7690 WEST 38TH AVENUE, Wneat Ridge, Colorado, and tnat, in the event tnat good faith negotiations do not result 1n a voluntary sale of said easement over said real property to tne City, it is neces- sary that the City acq~lre said easement over said real property tnrough the use of the City's power of ewinent domain as reserved to the City in Section 16.4 of the Home Rule Charter of the City of Wheat Ridge, Colorado, and in Article II, Sectien 15 cf the Constitution of the State of Colorado and In C.R.S. 38-1-101, et ~~~~ and 38-6-101 ~! ~~~~ NOW THEREFORE, BE JT RESOLVED by the City Council of the City of Wheat Ridge, that 1. The City Council does hereby declare its intent to fee simple easement over a portion of the real property at 7E90 WEST 38T11 AVENUE, Wheat Ridge, Colorado (which to be acquired IS described in Exhibit A attached here- its present owners and all others having an interest a c q t' 1 rea situated interest to) from tC'erein. 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, which 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 to Pierce Street, within the City of Wheat Ridge, Colorado. 3. The property at 7690 WEST 38TH AVENUE IS necessary for the completion of said West J8th Avenue Street Project as de- signed. 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 easement described in Exbibit A from the record owners thereof and all others having an interest therein, t h r 0 ugh the use 0 f the power s 0 feD, i n e n t d 0 IT a in bas e d up 0 nth e City's powers of eminent domain granted by the Constitution of the State of ColaradC', 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 7690 WES1' 38TH AVENUE forthwith. DONE AND RESOLVED this 25th day of March, ]991. ~~ ------------------------------------ Dan Wilde, Nayor P TTEST: ! I J , I --ff '" L I 1 w;;i;Jt~~~C~c1;~~------- "EXHlBlT A" A tract of land South, Range 69 Ridge, County follows: lying in the NW 1/4 of West of the 6th Principal of Jefferson, State of Section 26, Township 3 Meridian, City of Wheat Colorado, described as That portion of that parcel of Page 107, records of said county, aE follows: land as described lying north of a in Bool< 1897, line described Beginning at a point on the east line of said parcel, said point lying 186.85 feet northerly of the southeast corner of said parcel; thence northwesterly 127.80 feet, more or less, to a point which lies 5.03 feet south of and 127.65 feet west of the northeast corner of said parcel, as measured normal thereto; thence southwesterly 16.49 feet, more or less, to a point on the \oJest line of said parcel, said point lying 182.04 feet north of the southwest corner of said parcel; EXCEPT that portion lying north of a line described as follows: Beginning at a point on the east line of said parcel, said point lying 4.14 feet south of the northeast corner of said parcel; thence northwesterly to a point on the north line of said parcel, said point lying 86.32 feet west of said northeast corner. Said tract containing 935.33 square feet or 0.022 acres, more or less.