Loading...
HomeMy WebLinkAboutResolution-1992-1285 RESOLUTION NO. 1285 SERIES OF 1992 TITLE: A RESOLUTION DECLARING THE INTENT OF THE CITY OF WHEAT RIDGE TO ACQUIRE A PORTION OF REAL PROPERTY ON THE SOUTHWEST CORNER OF 41ST AND 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, John A. Lobus and Jon T. Bradley are the fee owners of certain property on the southwest corner of 41st Avenue and 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 on the southwest corner of 41st Avenue and Kipling street, Wheat Ridge, Colorado, and to acquire a temporarty 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 ~ 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 on the southwest corner of 41st Avenue and 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. The City Council does hereby declare its intent to acquire a temporary construction easement in a portion of the real property situated on the southwest corner of West 41st Avenue and North Kipling street, Wheat Ridge, Colorado (which interest to be acquired is described in Exhibit B attached hereto) from its present owners and all others having an interest 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. The property on the southwest corner of 41st Avenue and Kipling Street is necessary for the completion of said Pedestrian/Bike Trail Project as designed. 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 on the southwest corner of 41st Avenue and Kipling Street forthwith. DONE AND RESOLVED this 23rd day of March , 1992. i /-) ',,)) C<f J. LL Ray J. :i;f1ger \. v j ;~J,~jJ.~~r ATTEST: -11 > f want: '~~~~',' c~ Ic~'iYk EXHIBIT A LEGAL DESCRIPTION PARCEL C 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) SUBDIVISION, as recorded County Records. feet of Lot 23, GREEN VALLEY in Plat Book 11, Page 34, Jefferson Said Parcel C contains 2100 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: John A. Lobus and Jon T. Bradley. a: LobusA. Des EXHIBIT B LEGAL DESCRIPTION PARCEL C 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 twenty (20) feet of the west thirty-five (35) feet of Lot 23, GREEN VALLEY SUBDIVISION, as recorded in Plat Book 11, Page 34, Jefferson County Records. Said Parcel C contains 2300 square feet, more or less. Present Owners: John A. Lobus and Jon T. Bradley. a:LobusB.Des .... Electrical Box '" ~"'..'...."".'.."'.." \1dJ Site Plan - Parcel C Pedestrian-Bike Trail at 41 st Avenue and Kipling Street 100' Lot 23 150' Lot 24A Natural Ground Cover Proposed Taking - There are no site Improvements permanently affected. The A re a 0 f Remainder is experiencing neither positive nor negative project enhancement. ~ Storm Drain "- III Swale Drainage It was not possible to verify site dimensions through field measurements as all corner monuments could not be located. Dimensions shown on this site plan have been obtained from the recorded plat. It should be noted that the Taking affects only Lot 23. Lots 23 and 24A are considered as a unit for purposes of taxation, i.e. they have the same parcel and tax number. In addition they have they same zoning, which is R-C. In addition, they are listed to sell as a unit. It is for these reasons the Larger Parcel will be considered as both Lots 23 and 24A. Defined this way, the Larger Parcel now has 35,000 square feet. whIle the Taking has 2,100 square feet, for a Remainder of 32.900 square feet. ==- o '7 ~ 0) 0) b CI') OJ) C 0- :::.::: D.L. Kagy Not To Scale Page ELl