HomeMy WebLinkAboutResolution-1992-1284
RESOLUTION NO. 1284
SERIES OF 1992
TITLE:
A RESOLUTION DECLARING THE INTENT OF THE CITY OF WHEAT
RIDGE TO ACQUIRE A PORTION OF REAL PROPERTY AT 4075 NORTH
KIPLING STREET, WHEAT RIDGE, COLORADO IN FEE SIMPLE, AND
A PORTION OF THE SAME REAL PROPERTY AS A TEMPORARY
CONSTRUCTION EASEMENT FROM THE PRESENT OWNERS THEREOF FOR
THE PUBLIC PURPOSE OF COMPLETING THE ALTERNATE
PEDESTRIAN/BIKE TRAIL CROSSING OF KIPLING AT 41ST AVENUE
PROJECT CONTEMPLATED BY THE CITY, FURTHER 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
an Alternate Pedestrian/Bike Trail Crossing of Kipling at 41st
Avenue project involving the Clear Creek Greenbelt within the city
of Wheat Ridge, County of Jefferson, State of Colorado;
WHEREAS, completion of said Alternate Pedestrian/Bike Trail
Project is undertaken for the public purpose of improving said
Clear Creek Greenbelt Trail in furtherance of the health, safety
and welfare of the population of the City of Wheat Ridge and all
those who use said Trail;
WHEREAS, B&B Enterprises, A Colorado General Partnership is
the fee owner of certain property at 4075 North Kipling Street,
Wheat Ridge, Colorado, which property is situated within the right
of way necessary for the completion of the Alternate
Pedestrian/Bike Trail Project;
WHEREAS, an appraisal has been obtained by the city for the
purpose of determining the value of said property, which appraisal
has been used by the parties in negotiations 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 acquisition of the
required easement over said property by the City;
WHEREAS, said negotiations have, to this point, been
unsuccessful;
WHEREAS, the City has determined that it is required to both
acquire in fee simple a portion of the property located at 4075
North Kipling Street, Wheat Ridge, Colorado, and to acquire a
temporary construction easement in the same property and that, in
the event that good faith negotiations do not result in a voluntary
sale of said real property to the city, it is necessary that the
City acquire said real property through the use of the city's power
of eminent 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, Section 15 of the Constitution of the State of Colorado
and in C.R.S. 38-1-101, et seq. and 38-6-101 et seq.
NOW THEREFORE, BE IT RESOLVED by the city council of the city
of Wheat Ridge, that
1. The City council does hereby declare its intent to
acquire fee simple title to a portion of the real property situated
at 4075 North Kipling street, Wheat Ridge, Colorado, (which
interest to be acquired is described in Exhibit A attached hereto)
from its present owners and all others having an interest therein.
2.
acquire a
property
Colorado
attached
interest
The city council does hereby declare its intent to
temporary construction easement in a portion of the real
situated at 4075 North Kipling street, Wheat Ridge,
(which interest to be acquired is described in Exhibit B
hereto) from its present owners and all others having an
therein.
3. The property to be acquired, as described in Exhibit A,
is necessary for the public purpose of completion of the Alternate
Pedestrian/Bike Trail Project, which parks and recreation project
has as its public purposes the improvement of the safe crossing of
Pedestrian/Bike/Equestrian traffic at 41st Avenue and Kipling
street. Said crossing is a portion of the state Trail system known
as the Clear Creek Greenbelt Trail within the City of Wheat Ridge.
4 .
for the
designed.
The property at 4075 North Kipling Street is necessary
completion of said Pedestrian/Bike Trail Project as
5. The city council specifically authorizes that
negotiations between the city and owners of the property continue
in good faith, but in the event said negotiations are unsuccessful,
acquisition of the real 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
City's powers of eminent domain granted by the Constitution of the
State of Colorado, the city's Home Rule Charter, and the statues of
the State of Colorado, is hereby authorized.
6. A copy of the Resolution will be forwarded to the record
owner of the property at 4075 North Kipling Street forthwith.
DONE AND RESOLVED this
23rd
day of
March
, 1992.
I---~ .
. k)) ({iji J i. c'~r'"f"
Ray J. '~ier Jr.,' yor
ATTEST:
rk
EXHIBIT A
LEGAL DESCRIPTION
PARCEL B
A parcel of land lying in the southeast one-quarter of section 21,
Township 3 South, Range 69 West of the 6th Principal Meridian, city
of Wheat Ridge, county of Jefferson, state of Colorado described as
follows:
The west fifteen (15) feet of that parcel of land as described
in Reception number 86066524, Jefferson county Records,
TOGETHER WITH the north fifteen (15) feet of the west sixty-
five and one half (66.5) feet of said Reception number
86066524.
Said Parcel C contains 2800 square feet, more or less.
The drafter of this description is Mr. John S. Lambert, PLS 13212,
prepared on behalf of Sellards & Grigg, Inc., 143 Union Blvd.,
Lakewood, Colorado 80228, on June 17, 1991 under S&G No. 91887-21
for the City of Wheat Ridge and is not to be construed as
representing a monumented land survey.
Present Owners: B&B Enterprises, a Colorado General Partnership.
a: BBntrpzA. Des
EXHIBIT B
LEGAL DESCRIPTION
PARCEL P,
A parcel of land lying in the southeast one-quarter of Section 21,
Township 3 South, Range 69 West of the 6th Principal Meridian, city
of Wheat Ridge, County of Jefferson, state of Colorado described as
follows:
The east 20 feet of the west 35 feet of that parcel of land as
described in Reception number 86066524, Jefferson county
Records, TOGETHER WITH the south twenty (20) feet of the north
thirty-five (35) feet of the west sixty-six and one half
(66.5) feet of said Reception number 86066524.
Said Parcel C contains 2800 square feet, more or less.
Present Owners: B&B Enterprises, a Colorado General Partnership.
a: BBntrpzB. Des
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Site Plan - Parcel B
Pedestrian-Bike Trail
at 41 st Avenue and Kipling Street
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Proposed Taking - There are no site
improvements permanently affected.
The Area of Remainder is
experiencing neither positive nor
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Swale
Jrainage
301.5'
It was not possible to ',,;:,: site dimensions throu;. field
measurements as all co~,;: -:.fJnuments could no~ be ',';atcd.
Dimensions shown on thiS ~,. '.".: ;:>lan have been obtamed ".,en the
recorded plat. The Larger ,-,:',':. has 41,607 square feet. .. ,~the
Taking has 2,842.5 square ':':' ',r a Remarnder of 38,7fiC:;. , lure
feet.
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