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HomeMy WebLinkAboutResolution-1993-1346 RESOLUTION NO. 1346 TITLE: A RESOLUTION DECLARING THE INTENT OF THE CITY OF WHEAT RIDGE TO ACQUIRE AN INTEREST IN A PORTION OF THE REAL PROPERTY AT 7823-7837 AND 7853-7867 38TH AVENUE, WHEAT RIDGE, COLORADO, IN FEE SIMPLE FROM THE PRESENT OWNER(S} THEREOF FOR THE PUBLIC PURPOSE OF COMPLETING THE WEST 38TH AVENUE STREET 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 a street construction, reconstruction and improvement regard- ing West 38th Avenue within the city of Wheat Ridge, County of Jefferson, State of Colorado; WHEREAS, completion of 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 public population of the City of Wheat Ridge and all those who use said West 38th Avenue; WHEREAS, ZEPHYR MEDICAL COMMONS OFFICE OWNERS ASSOCIATION are the fee owners of certain property whose address is 7823-7837 AND 7853-7867 WEST 38TH AVENUE, Wheat Ridge, Co, which property is situate within the right of way necessary for the completion of the West 38th Avenue Street Project; WHEREAS, said negotiations have, to this point, been unsuc- cessful; WHEREAS, the City has determined that it is required to acquire in fee simple a portion of the property located at 7823- 7837 AND 7853-7867 WEST 38TH AVENUE, Wheat Ridge, Colorado, and that, in the event that good faith negotiations do not result in voluntary sale of said interest in said real property to the City, it is necessary that the city acquire said interest in said real property through the use of the ci ty' s powers 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 sea. and 38-6-101, et sea. NOW THEREFORE, BE IT RESOLVED by the City Council of the city of Wheat Ridge, that 1 1. The city council does hereby declare its intent to acquire a fee simple interest in a portion of the real property situate at 7823-7837 AND 7853-7867 WEST 38TH AVENUE, 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 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 Project, which public works project has as its public purposes the improvement of the street, drainage and pedestrian access of the public street known as West 38th Avenue, from Wadsworth Boulevard west to Cody street, within the city of Wheat Ridge. 3. The property at 7823-7837 AND 7853-7867 WEST 38TH AVENUE is necessary for the completion of said West 38th Avenue street Project as designed. 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 such negotiations are unsuccessful, acquisition of the property described in Exhibit A from the record owners thereof and all other owners having an interest therein, through 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 statutes of the state of Colorado, is hereby authorized. 5. A copy of the Resolution shall be forwarded to the record owner(s} of the property at 7823-7837 AND 7853-7867 WEST 38TH AVENUE. DONE AND RESOLVED this 22nd day of March , 1993. ATTEST: \ , I"~ '-- j} ; _../ ..(ILl,LA WANDA SANG, i I I , i , /, f( - ( CITY CLERK I , v 2