HomeMy WebLinkAboutResolution-1997-1565
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 1565
TITLE:
A RESOLUTION DECLARING THE INTENT OF THE CITY OF WHEAT
RIDGE TO ACQUIRE PROPERTY AT 11361 WEST 44TH AVENUE IN
FEE SIMPLE FOR THE SPECIFIED PUBLIC PURPOSE OF PUBLIC
PARK AND RECREATION, 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 a project to preserve the Baugh Cabin located at 11361 West 44th
Avenue; and
WHEREAS, preservation of the Baugh Cabin (hereinafter the
"proj ect") was undertaken for the public purpose of public park and
recreation purposes; 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, negotiations to purchase the Property have, to
this point, been unsuccessful; and
WHEREAS, it is necessary for the City of Wheat Ridge to
acquire immediate possession of the property in order to complete
the Project in a timely manner; 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 a 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. ~~ 38-1-101, et
~, and 38-6-101, et sea.
MUR\53027\169327 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 preserving the Baugh Cabin for park and
recreational purposes. 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 Owner and
all others having an interest therein.
3. The City Council specifically authorizes that
negotiations between the City and the Owner 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 Owner thereof and all other owners having an
interest therein, through use of the City's powers of eminent
domain based upon the Constitution of the State of Colorado, by the
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 Owner of the Property.
DONE AND RESOLVED this ~hday of January
, 1991.
CITY COUNCIL
By:
Dan Wilde, Mayor
,\\ 1 i 1
,(J7:J~J-,../.,-"'-d<..../
ATTEST:
[ SEA L ]
, "
'J) t.L-.~ ,l.. "'- /, >-<--v
~ #"
Wanda Sang, Clerk
Date:
January 15, 1997
MUR\51027'169327 1
-2-
MUR\53027\169327 1
EXHIBIT A
Legal Description
THE WEST 1/2 OF THE NORTHEAST 1/4 OF THE
SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF
SECTION 21, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF
THE 6TH PRINCIPAL MERIDIAN, EXCEPT THE NORTH
263 FEET THEREOF, AND EXCEPT THAT PORTION
CONVEYED TO THE CITY OF WHEAT RIDGE, IN DEED
RECORDED OCTOBER 21, 1985, UNDER RECEPTION
NO. 851013 31, COUNTY OF JEFFERSON, STATE OF
COLORADO.