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HomeMy WebLinkAboutResolution-1994-1413 RESOLUTION NO. 1413 TITLE: A RESOLUTION DECLARING THE INTENT OF THE CITY OF WHEAT RIDGE TO ACQUIRE AN INTEREST IN A PORTION OF THE REAL PROPERTY AT 4585 INDEPENDENCE STREET, WHEAT RIDGE, COLORADO, IN FEE SIMPLE FROM THE PRESENT OWNER(S) THEREOF FOR THE PUBLIC PURPOSE OF COMPLETING THE 1994 LOCAL STREETS IMPROVEMENT 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 the 1994 LOCAL STREETS IMPROVEMENT PROJECT within the city of Wheat Ridge, County of Jefferson, State of Colorado; WHEREAS, Completion of said 1994 LOCAL STREETS IMPROVEMENT PROJECT is undertaken for the public purpose of improving said public street(s) in furtherance of the health, safety and welfare of the public population of the City of Wheat Ridge and all those who use said public street(s); WHEREAS, SALLY JO BUTTON is the fee owner of certain property whose address is 4585 INDEPENDENCE STREET, Wheat Ridge, Co, which property is situate within the right of way necessary for the completion of the 1994 LOCAL STREETS IMPROVEMENT 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 4585 INDEPENDENCE STREET, 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 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 sea. and 38-6-101, et sea. 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 its present owner and all others having an interest therein. Said interest described as follows: A tract of land lying in the NW 1/4 of Section 22, Township 3 South, Range 69 West of the 6th Principal Meridian, City of Wheat Ridge, County of Jefferson, State of Colorado, described as: THE EAST 5 FEET OF THAT PARCEL OF REAL PROPERTY DESCRIBED IN THE OFFICIAL RECORDS OF THE COUNTY OF JEFFERSON, STATE OF COLORADO AT RECEPTION NUMBER 93045697. 2. The property to be acquired, as described above, is necessary for the public purpose of completion of the roadway and related improvements, to be completed as part of the 1994 LOCAL STREETS IMPROVEMENT 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 Independence Street from West 44th Avenue to West 47th Avenue, within the City of Wheat Ridge. 3. The property at 4585 INDEPENDENCE STREET is necessary for the completion of said 1994 LOCAL STREETS IMPROVEMENT 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 above from the record owner thereof and all other owner 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 4585 INDEPENCENCE STREET. DONE AND RESOLVED this ~hday of June , 1994. ~~. DAN WILDE, MAYOR ATTEST: . i; ~~. / ~A~~', "{I~j. ~~~ ) 2