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HomeMy WebLinkAboutResolution-1997-1613 - - CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 16t"3 TI TLE : A RESOLUTION DECLARING THE INTENT OF THE CITY OF WHEAT RIDGE TO ACQUIRE A FEE SIMPLE INTEREST IN PROPERTY AT 4075 KIPLING STREET FOR THE SPECIFIED PUBLIC PURPOSE OF PUBLIC 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 A~QUIRE SAID PROPERTY INTEREST. WHEREAS, the City of Wheat Ridge, Colorado, provides park and recreation services to its residents; and WHEREAS, the City is undertaking a project to construct and operate a public recreation center(hereinafter the "project"l for the public purpose of providing park and recreation services tG residents of the City: and WHEREAS, acquisition of Exhibit A attached hereto reference (hereinafter the completion of said Project: the property interests described In and incorporated herein "Property"), is necessary and by for this the WHEREAS, the City of Wheat Ridge has negotiated lD good faith with the Owners of the Property, and WHEREAS, negotiations to purchase the Property have, to thlS 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 i~ED\SJD27 255284 01 the Constitution of the State of Colorado and in C.R S. ~~ 38-1- 101, et seq., and 38-6-101, et seq., and WHEREAS, it is necessary for the acquire immediate possession for the complete the Project In a timely manner; City of Wheat Property In Ridge order to to NOW, THEREFORE, BE IT RESOLVED BY THE UF WHEAT RIDGE, COLORADO, THAT. COUNCIL OF THE rITY 1 The City Council hereby finds that the Project will serve a public purpose by serving as a portion of the site upon which the City will construct a public recreation center. The City Council further finds that it is necessary to acquire the Property to achieve said public purpose. 2. The a fee others City Council does simple interest in having an interest hereby declare its intent to the Property from the Owner(s' therein acqulre and all , The City Council specifically authorizes that negotiations between the City of Wheat Ridge and the Owner(s) 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(s) thereof and all other owners having an interest therein, through use of the Ci ty' s powers of eminent domain based upon the I s powers of eminent domain granted by the Consti tut ion of the State e;f Colorado, by the Home Rule Charter 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 /'J(~ day of - ,--' L) / Y 1997 CITY COUNCIL By: Dan Wilde, Mayor ~J,:~,-^-,iJA....i: c:L__ GED',53U27\255284 01 -2 - ATTEST: [ SEA L ] ~"dd vi~ .. Wanda Sang, City ~erk Date. en ;r~, I r '97 l;ED ~3u27\2S5284 01 -3- EXHIBIT A LEGAL DESCRIPTION Property located at 4075 Kipling. The property described as: The north 139.28 feet of the east one-half of the east one-half of the southeast one-quarter of the southeast one-quarter of Section 21, Township 3 South, Range 69 West of the Sixth Principal Meridian, except portion lying within kipling street, and except the west 10 feet of the east 40 feet as granted to the State Department of Highways in document recorded in Book 2091 at page 29, County of Jefferson, State of Colorado. A bike path was acquired in 1993 which is not excepted In this legal. r- .... j EXHIBIT , A