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HomeMy WebLinkAboutResolution-1993-1353 RESOLUTION NO. 1353 TITLE: A RESOLUTION DECLARING THE INTENT OF THE CITY OF WHEAT RIDGE TO ACQUIRE AN INTEREST IN A PORTION OF THE REAL PROPERTY AT 3301 YOUNGFIELD SERVICE ROAD, WHEAT RIDGE, COLORADO, IN FEE SIMPLE FROM THE PRESENT OWNER(S} THEREOF FOR THE PUBLIC PURPOSE OF COMPLETING THE YOUNGFIELD SERVICE ROAD RELOCATION PROJECT CONTEMPLATED BY THE CITY, FURTHER CONTINUANCE OF GOOD FAITH NEGOTIA- TIONS TO ACQUIRE SAID PROPERTY, AND FURTHER AUTHORIZING THE INITIATION OF AN ACTION IN EMINENT DOMAIN TO AC- QUIRE SAID PROPERTY IN THE EVENT GOOD FAITH NEGOTIA- TIONS DO NOT RESULT IN AN AGREEMENT TO ACQUIRE SAID PROPERTY. of a ing City WHEREAS, The City of Wheat Ridge is involved in the design street construction, reconstruction and improvement regard- the relocation of the Youngfield Service Road within the of Wheat Ridge, County of Jefferson, State of Colorado; WHEREAS, Completion of said West Youngfield Service Road Relocation Project is undertaken for the public purpose of im- proving 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 Youngfield Service Road; WHEREAS, LaQuinta Motor Inns, Inc., LaQuinta Plaza, P.O. Box 790783, San Antonio, Texas, 78279-0783 is the fee owner of cer- tain property whose address is 3301 YOUNGFIELD SERVICE ROAD, Wheat Ridge, Co, which property is situate within the right of way necessary for the completion of the Youngfield Service Road Relocation 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 3301 Youngfield Service Road, 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 prop- erty through the use of the City'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 ~ 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 a fee simple interest in a portion of the real property situate at 3301 Youngfield Service Road, 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 Youngfield service Road Relocation 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 Youngfield Service Road, from West 32nd Avenue to a point on the existing Youngfield Service Road, within the city of Wheat Ridge. 3. The property at 3301 Youngfield service sary for the completion of said Youngfield Relocation Project as designed. Road is neces- service Road 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 3301 Youngfield Service Road. DONE AND RESOLVED this 24th day of May , 1993. /; 1 ..---) '1 Ll r ' i, RAY j. , IjGER, ) J'Rd I.~~R ATTEST: I .. \ \, '.. \ WANDA \ v '- \ '-." SANG, CITY CLERK - \ PARCEL lOB" (PROPOSED RIGHT-Or-W A Y FROM LA QUINT A) DESCRIPTION A strip of land situated in, over and across lot 1, 70 West Business Center, City of Wheat Ridge, County of Jefferson, State of Colorado, described as follows: Beginning at the southeast corner of said lot 1 whence the west quarter corner of Section 29, T. 3 S.,R. 69 W., of the 6th P.M. bears S. 560 30' 14" W. a distance of II52.80 feet; 1. Thence S. 890 39" 00" W. along the south line of said lot I a distance of 180.12 feet, to a point of curve; 2. Thence continuing along said south line along a curve to the right having a radius of 175.00 feet and a central angle of 290 52' 08" an arc distance of 91.23 feet, the chord of which bears N. 750 24' 56" W. a distance of 90.20 feet to a point of non tangent, broken curve; 3. Thence easterly along a nontangent curve to the right having a radius of 125.00 feet and a central angle of 030 39' 20" an arc distance of 7.98 feet, the chord of which bears N. 870 49' 20" E. a distance of 7.97 feet; 4. Thence S. 000 21' 00" E. a distance of 1.00 foot; 5. Thence N. 890 39' 00" E. parallel with and 22.50 feet north of the south line of said lot 1 a distance of 214.05 feet; 6. Thence N. 49054' IT' E. a distance of 58.65 feet, to a point on the east line of said lot 1; 7. Thence S. 000 30' 00" E. along the east line of said lot 1 a distance of 60.00 feet to the point of beginning; The parcel described above contains 6,211 square feet, or 0.143 acre, more or less. Bearings are based on the plat of 70 West Business Center. Prepared by: Frasier Engineering Company October 22, 1991 Revised February 20, 1992 Job No 3902-013 EXHIBIT A I OF 2 o 50 SCALE, I"~IOO' /~ / I=> ARCEL "8" (PHOPOSED RIGHT-OF-WAY) ~ N .~, ~ I I I I I I I 1 I I I I I I I I 1/ q-SS/ ,,1 I ""/ ,t.. ,- ,/ 'J" ,,(,/ ';/ 100 , / ~ WEST QUARTER CORNER SEe 29, T.J S ,I, 69 W, 6TH PM EXHIBIT 2 OF 2 A ^ - 3' 39' 20" \ R _ 125 00' Iv> \ biD ~9~' 8T 49' 20" E , , g CHD - 7.97' LO I 1 N 49' 54 17"~'" '\. 58.65' q S O<T 21' 00" E, 1.00' ~o 214.05 / / g: 0, 22.50' / / / / / / / / / 8 "' 5 89' 39' 00" 180 1 ' , -- --POB --{/ ~ PARCEL "8" /, / I I I I I / I I / , / , 1/ LOT 2 /1 : I I I , L___ ---i I I I I I , 1 I LOT 3 1 , I I I I I ,____-.1 ,~>//I I I / ( PARCEL "8" 6,211 S.f 0.111] ^c. ^ - 29-<;rl 08" H = 17S.0Cl' L = 91.23' CliO = N 751 24' 56" W CHO = 90.20' / / I / 70 I WEST / BUSINILSS CENTER LOT 7 / / I I / / / 1- / --.I WEST 32nd AVENUE -. b ifJ <r: >--< z z >--< N 1---- q -<<: o ~ ~ u s: ~ ~ C/] q .-.:] ~ '-< k, c..'J Z :::J ~ ~FRASIER ENGINEERING CO ~ ENGINEERS & SURVEYORS _ 10375 E. HARVARD, SUITE 207 -0 OENVf:R. COLORADO 80231 (303) 751-9151 \ 70WBC\p^RrElB 10-22-91 2 20 ']2