HomeMy WebLinkAboutResolution-1996-1536
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 1536
TITLE:
A RESOLUTION DECLARING THE INTENT OF THE CITY OF WHEAT
RIDGE TO ACQUIRE CERTAIN RESTRICTIVE COVENANTS FOR THE
SPECIFIED PUBLIC PURPOSE OF ROAD IMPROVEMENTS, FURTHER
CONTINUANCE OF GOOD FAITH NEGOTIATIONS TO ACQUIRE SAID
PROPERTY INTEREST, AND AUTHORIZATION TO INITIATE 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 INTEREST.
WHEREAS, the City of Wheat Ridge, Colorado, lS involved
in the relocation of the Youngfield Service Road; and
WHEREAS,
Youngfield Service
for the public
transportation; and
construction of said relocation of the
Road (hereinafter the "Project") was undertaken
purpose of improving traffic flow and
WHEREAS, the City of Wheat Ridge has acquired partial
title to that part of Lot 7 of the 70 West Business Center
necessary for construction of the relocated Youngfield Service Road
and has constructed the relocated Service Road, and
WHEREAS, Lot 7 of the 70 West Business Center lS
encumbered by certain Restrictive Covenants for Applewood Gardens
recorded at Book 1417, Page 441 of the records of the Clerk and
Recorder of Jefferson County and extended by the Extension of
Protective Covenants for Applewood Gardens and Designation of Vote
recorded at Reception No. 81093753 of the records of the Clerk and
Recorder of Jefferson County;
WHEREAS, acquisition of the property interests described
in Exhibit A, attached hereto and incorporated herein by this
reference (hereinafter the "Property"), is necessary for the
completion of said Project; and
WHEREAS, the City of Wheat Ridge has negotiated In good
faith with the Owners of the Property; and
WHEREAS, negotiations to purchase the Property have, to
this point, been unsuccessful; and
WHEREAS, the City of Wheat Ridge has determined that it
is necessary to acquire said Restrictive Covenants, and that, in
the event that good faith negotiations do not result In the
voluntary release of the Restrictive Covenants, it is necessary
that the City of Wheat Ridge acquire said interest in said real
property through the use of the City's power of eminent domain as
reserved to the City in its Home Rule Charter, and in Article II,
MUR\53827\153U84 1
Section 15 of the Constitution of the State of Colorado and in
C.R.S. 88 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, COLORADO, THAT:
1. The City Council hereby finds that the Project will
serve a public purpose of traffic and transportation. The City
Council further finds that it is necessary to acquire the Property
to achieve said public purpose.
2. The City Council does hereby declare its intent to
acquire the Restrictive Covenants described in Exhibit A hereto
from the Owners and all others having an interest therein.
3. 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, acquisition of the Restrictive Covenants described in
Exhibit A from the record Owners thereof and all other owners
having an interest therein, through use of the City's powers of
eminent domain granted by the Constitution of the State of
Colorado, by the Wheat Ridge Home Rule Charter and by Statutes of
the State of Colorado, is hereby authorized.
4.
record Owners
hereto.
A copy of this Resolution shall be forwarded to the
of the Restrictive Covenants described in Exhibit A
DONE AND RESOLVED this 13th day of
June
, 1996.
CITY COUNCIL
By: &~I~t.J
Mayor
ATTEST:
-'V 0"
:./It:< L d "'-
City Clerk
.~J: "'I C~
,)
[ SEA L ]
Date:
June 13, 1996
MUR\S3027\153084 1
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EXHIBIT A
All interests in certain Restrictive Covenants for Applewood
Gardens recorded at Book 1417, Page 441 of the records of the Clerk
and Recorder of Jefferson County and extended by the Extension of
Protective Covenants for Applewood Gardens and Designation of Vote
recorded at Reception No. 81093753 of the records of the Clerk and
Recorder of Jefferson County as said Restrictive Covenants apply to
Lot 7 of the 70 West Business Center recorded at Reception
No. 84076366 of the records of the Clerk and Recorder of Jefferson
County.
M(TP' 53C27\1:::3084 1
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