Loading...
HomeMy WebLinkAboutResolution-1994-1428 RESOLUTION NO. 1428 TITLE: A RESOLUTION DECLARING THE INTENT OF THE CITY OF WHEAT RIDGE TO ACQUIRE AN INTEREST IN A PORTION OF THE REAL PROPERTY AT 8020 and 8030 WEST 44TH AVENUE , WHEAT RIDGE, COLORADO, IN FEE SIMPLE FROM THE PRESENT OWNER(S) THEREOF FOR THE PUBLIC PURPOSE OF COMPLETING THE 1994 ACCESSIBILITY 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 ACCESSIBILITY IMPROVEMENT PROJECT within the city of Wheat Ridge, County of Jefferson, State of Colorado; WHEREAS, Completion of said 1994 ACCESSIBILITY 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, AUGUST BAUMERT AND HELEN BAUMERT are the fee owners of certain property whose address is 8020 AND 8030 WEST 44TH AVENUE, Wheat Ridge, Co, which property is situate within the right of way necessary for the completion of the 1994 ACCESSIBILITY 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 8020 AND 8030 WEST 44TH 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 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 1 acquire a fee simple interest in a portion of the real property situate at 8020 AND 8030 WEST 44TH AVENUE , Wheat Ridge, Colorado, from its present owners and all others having an interest therein. Said interest described as follows: A tract of land lying in the NW 1/4 of section XX, Township 3 South, Range 69 West of the 6th Principal Meridian, City of Wheat Ridge, county of Jefferson, State of Colorado, described as: XXXXXXX 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 ACCESSIBILITY 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 WEST 44TH AVENUE AT AMMONS STREET, within the city of Wheat Ridge. 3. The property at 8020 necessary for the completion IMPROVEMENT PROJECT as designed. AND 8030 WEST 44TH AVENUE is of said 1994 ACCESSIBILITY 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 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. record AVENUE. A copy of owner(s) of the Resolution shall the property at 8020 be forwarded to the AND 8030 WEST 44TH DONE AND RESOLVED this -22III day of SEPTEMBER. 1994. ~~ DAN WILDE, MAYOR ATTEST: 2