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HomeMy WebLinkAboutResolution-1996-1566 CITY OF WHEAT RIDGB, COLORADO RBSOLUTION NO. 1566 TITLE: A RESOLUTION DECLARING THE INTENT OF THE CITY OF WHEAT RIDGE TO ACQUIRE A FEE SIMPLE INTEREST IN PROPERTY AT 7172-80 WEST 38TH AVENUE FOR THE SPECIFIED PUBLIC PURPOSE OF STREET 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, is involved in improvement of West 38th Avenue; and WHEREAS, construction of said improvements to West 38th Avenue (hereinafter the "Project") was undertaken for the public purpose of street improvements; and 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 a fee simple interest in the Property, and that, in the event that good faith negotiations do not result in voluntary granting of the fee simple interest in the Property, it is necessary that the City of Wheat Ridge acquire said interest in said real property through the use of the City of Wheat Ridge's power of eminent domain as reserved to the City of Wheat Ridge in its Home Rule Charter, and in Article II, Section 15 of the Constitution of the State of Colorado and in C.R.S. SS 38-1-101, et ~, and 38-6-101, et sea. WHEREAS, it is necessary for the City of Wheat Ridge to acquire immediate possession for the Property in order to complete the Project in a timely manner; NAN\99999\ 137497.1 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 by improving streets. 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 a fee simple interest in the Property from the Owners and all others having an interest therein. 3. The City Council specifically authorizes that negotiations between the City of Wheat Ridge and the Owners of the Property continue in good faith, but in the event such negotiations are unsuccessful, acquisition of a fee simple interest in the Property 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 Home Rule Charter of the City of Wheat Ridge and by Statutes of the State of Colorado, is hereby authorized. 4. A copy of this Resolution shall be forwarded to the record Owners of the Property. DONE AND RESOLVED this ~ day of CITY COUNCIL December , 1996. By: Dan f) c~l ,-Le~ Wilde, Mayor , ] ~/ LL'L c.C ~_ ~ ~ v~_ Wanda Sang, City Cler~~ Date: 12/2/96 ATTEST: NAN\99999\137497.! -2- EXHIBIT A A tract of land lying in the NE 1/4 of Section 26, Township 3 South, Range 69 West of the 6th Principal Meridian, City of Wheat Ridge, County of Jefferson, State of Colorado, described as follows: That portion of Parcels 1 and 2 as described in Reception No. 88115977, records of said County, lying north of a line 41.0 feet south of and parallel with the north line of said section. Said tract contains 839 square feet, 0.019 acres, more or less.