HomeMy WebLinkAboutResolution-1995-1461
RESOLUTION NO. 1461
TITLE:
A RESOLUTION DECLARING THE INTENT OF THE CITY OF WHEAT
RIDGE TO ACQUIRE AN INTEREST IN A PORTION OF THE REAL
PROPERTY AT 9835 WEST 38TH AVENUE, WHEAT RIDGE,
COLORADO, IN FEE SIMPLE FROM THE PRESENT OWNER(S)
THEREOF FOR THE PUBLIC PURPOSE OF COMPLETING THE WEST
38TH AVENUE RECONSTRUCTION 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 RECONSTRUCTION OF WEST 38TH AVENUE 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, PAULINE J. BURDETT is the fee owner of certain
property whose address is 9835 WEST 38TH AVENUE, Wheat Ridge, Co,
which property is situate within the right of way necessary for
the completion of the WEST 38TH AVENUE RECONSTRUCTION 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 9835
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
~ 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 9835 WEST 38TH AVENUE, Wheat Ridge, Colorado, from its
present owners and all others having an interest therein. Said
interest described as follows:
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A tract of land lying in the SW 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, and being a portion of that parcel of
real property described in the official records of said
county and State in Book 1680 at page 166, and described
as:
BEGINNING AT A POINT ON THE WEST LINE OF SAID PARCEL
WHICH IS N 0007' 05" W A DISTANCE OF 30 FEET FROM THE
SOUTHWEST CORNER OF SAID PARCEL. THENCE, N 0007 ' 5" W A
DISTANCE OF 3.07 FEET. THENCE, S 87007'02" E A DISTANCE
OF 54.56 FEET. THENCE, S 89039'20" W A DISTANCE OF 54.49
FEET TO THE POINT OF BEGINNING.
NOTE: All bearings are relative to one another and are
based on bearing of the South line of the SW 1/4 of said
Section 22 being S 89039'20" W.
Said tract containing 83.67 square feet, more or less.
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 WEST 38TH
AVENUE RECONSTRUCTION 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 KIPLING STREET TO CODY STREET, wi thin the City of Wheat
Ridge.
3. The property at 9835 WEST 38TH AVENUE is necessary for
the completion of said WEST 38TH AVENUE RECONSTRUCTION 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
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.
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5. A copy of the Resolution shall be forwarded to the
record owner(s) of the property at 9835 WEST 38TH AVENUE.
DONE AND RESOLVED this ~ day of January, 1995.
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DAN WILDE, MAYOR
ATTEST:
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WANDA /SANG, 'CITY' CLEAA
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