HomeMy WebLinkAboutResolution-1995-1494
RESOLUTION NO. 1494
Series of 1995
TITLE:
A RESOLUTION DECLARING THE INTENT OF THE CITY OF WHEAT
RIDGE TO ACQUIRE A PERMANENT EASEMENT ON THE REAL PROPERTY
LOCATED AT 7114 WEST 38TH AVENUE, WHEAT RIDGE, COLORADO,
FROM THE PRESENT OWNER(S) THEREOF FOR THE PUBLIC PURPOSE OF
COMPLETING THE WEST 38TH AVENUE IMPROVEMENT PROJECT, FUR-
THER CONTINUANCE OF GOOD FAITH NEGOTIATIONS TO ACQUIRE SAID
PERMANENT EASEMENT, 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 PERMANENT EASEMENT.
WHEREAS, The City of Wheat Ridge is involved completing
acquisition of right of way and permanent easements for a street
construction, reconstruction and improvement regarding West 38th
Avenue between Wadsworth Boulevard and Pierce Street within the City
of Wheat Ridge, County of Jefferson, State of Colorado; and
WHEREAS, Construction of said West 38th Avenue Street
Improvement Project was undertaken for the public purpose of improv-
ing 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; and
WHEREAS, FOAMTEC SYSTEMS, INC. and SHELLEY CHEW POE LENG, each
with a 50% undivided interest, are the fee owners of certain proper-
ty whose address is 7174 WEST 38TH AVENUE, Wheat Ridge, Colorado,
which property is situate within the right of way necessary for the
completion of the West 38th Avenue Street Improvement Project; and
WHEREAS, The City obtained a right of entry from the owners of
the property to complete the project in a timely manner, and
WHEREAS, said negotiations have, to this point, been unsuccess-
ful; and
WHEREAS, The City has determined that it is necessary to ac-
quire a permanent easement on a portion of the property located at
7174 WEST 38TH AVENUE, Wheat Ridge, Colorado, and that, in the event
that good faith negotiations do not result in voluntary granting of
the permanent easement on said real property, 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
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NOW THEREFORE, BE IT RESOLVED by the City Council of the City
of Wheat Ridge, that
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1. The City Council does hereby declare~ts intent to acquire
a permanent easement on a portion of the real property situate at
7174 WEST 38TH AVENUE, Wheat Ridge, Colorado from its present owners
and all others having an interest therein, said parcel described
below:
A tract of land lying in the NE 1/4 of Section 26, Town-
ship 3 South, Range 69 West of the 6th Principal Meridian,
City of Wheat Ridge, county of Jefferson, State of Colora-
do, described as:
THE SOUTH 11.5 FEET OF THE NORTH 51.5 FEET OF PARCELS 1
AND 2 AS DESCRIBED AT RECEPTION NUMBER 88115977, OF THE
OFFICIAL RECORDS OF THE COUNTY OF JEFFERSON, STATE OF
COLORADO.
Said tract containing 877 square feet, more or less.
2. The property to be acquired, as described above, is neces-
sary for the public purpose of completion of the roadway and related
improvements which were part of the West 38th Avenue Street Improve-
ment Project, which public works project had as its public purposes
the improvement of the street, drainage and pedestrian access of
the public street known as West 38th Avenue, within the City of
Wheat Ridge.
3. The permanent easement at 7174 WEST 38TH AVENUE is neces-
sary for the completion of said west 38th Avenue Street Improvement
Project as designed.
4. The City Council specifically authorizes that negotiations
between the City and the Owners of the property continue in good
faith, but in the event such negotiations are unsuccessful, acquisi-
tion of the permanent easement described above from the record
owners thereof and all other owners having an interest therein,
through use of the City's 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 Statutes of the
State of Colorado, is hereby authorized.
5. A copy of this Resolution shall be forwarded to the record
owner(s) of the property at 7174 WEST 38TH AVENUE.
DONE AND RESOLVED this 23rd day of October, 1995.
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DAN WILDE, MAYOR
'j,!-;".L, ,f .,
WANDA SANG, 'ciTY '~ERK
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