HomeMy WebLinkAbout1989 Resolution No. 035REOOWrIOO 00.~
SERIES OF 1989
A J\ZSOLUTIOO AlmUIIZOO THE PlllOll\SE CR cnIDEJtiATIOO OF THE FEE SIMPLE
INrEREST IN CERTAIN LAND IN THE CITY OF ENGLfKXlD 'IO PRO'JIDE .r JR lfl'ILITY
FASE2'!ENl'S IN PA~ DISTRICT 00.33 IN THE CITY OF EN:iLEWXJD, COLORADO.
{ilL,e'SSiA'(f-,O!,, LCJRET T/1 I()
WHEREAS, to protect the health, safety and welfare of the r itizens of the
City of Englewood, it is necessary that utility easements be relocated in
Paving District No. 33; and
WHEREAS, the City Council finds that a public need exists to· acquire the
additional real property for easements for relocation of utilities in Paving
Di strict No . 33;
~. TIIEREFtllE, BE IT RE50LVED BY THE CITY OXJNCIL OF 1llE CITY OF
Etlil.E1'XXJD, CCll.OOAOO , AS FOLLCMS :
Section 1. That pursuant to the provisions of the State Constitution,
State St atutes, and Ci t y Charter , the City of Englewood shall acquire by
purcha or condemnation the fee s i.rrple title to the following lands for the
pu-of constructing utility easements for the citizens of Englewood:
Beginning at the Northwe st corner of the South 1 /2 o f Lot 11 , Block
12, SOUthl awn Gardens: thence South and a long the We st line of said
l ot 11 a dis tance of 16 f eet; thenc e Northe asterly a distance of
53 .19 feet to a point on the ~orth line of said South 1 /2 of Lot 11;
t henc e west an d along said No rth line a distanc e o f SO. 7 3 feet t.o
Beginning,
an d
The North 16 feet o f the South 140.S feet of the East 2.0 feet of
Lot 11 and the North 16 feet of the south 140 .5 feet of Lot 12,
Block 12, Sou thlawn Gardens.
:,,cl-ion 2. That the City Manager , or his designee, be and her e by is
authorL i, i and directed to negotiate the purchase with the owner of said
parcel of land, and upon failure to agree upon the f -,,r market value thereof,
the City Attorney is hereby authorized and directed ·:o ccmnence an acti<,n in
eminent a:main to condemn the above described parcels of rea 1 property as
authorized by law.
Section 3. 'nlat the Director of Financial Services is hereby authorized
and directed to apprc,priate, set aside, and hold for All necessary judgments
and awardu sufficient suns to be paid as just ca,pensation to the amer of the
prc,perty to be taken and such apprc,priation shall not be less than the City, s
highest appraisal value of the parcel in question.
l\llOPTEl'.) AND APPROVED this 5th day of June, 1989.
Attest:
C:4 12taa. JI &_µ/
· Patri cia H. Crow, City Clerk-
I, Patricia H. Crow, City Clerk for the City of E)Jgll!IOXXl., Coloracx,,
her eby certify that the above is a true copy of Resolution No. 35, Series of 1989.
~@L~c1~
Patricia H. Crow
DATE
June 5, 1989
INITIATED BY
STAFF SOURCE
PREVIOUS COUNCIL ACTION
COUNC I L COMMUNICATION
AGENDA ITEM
11 (h)
Pub l i c Works
SUBJECT Easements for
relocation of utilities
in Paving District #33 .
Kells Waggoner, Director of Public Works
Or dinance #36, 1988 passed on final reading November 21, 1988 creating Paving
District #33 .
ACTION PROPOSED
-Pass two resolutions authorizing the purchase or condemnation of the fe e s imple
inte r est to provide for utility ea sements .
POSS IBLE EFFECTS
If the owners are located and agree to the City purchase of the ea seme nts,
condemnation will not be necessary .
BACKGROUND
2000-2300 West Hillside Avenue is proposed to be constructed in the Summer of 1989 .
In order tr accomplish this the pol es that are now located in the center of the
street mu si be re l ocated to back lot lines (as per Council direction following
public meetings on this issue). We have acquired 23 easements through agreemen t and
need to acquire these final two easements to facilitate relo cation of utilities .
FINANCIAL
Monie s are budgeted for Paving District 133 in the Public lmprove .,,ent Fund .
-RECOMMENDATION
Recomnend that City Council pass the resolutions authorizing the purchase or
condemnation of the fee simple interest to provide for utility easements for Paving
District #33.
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