ORDINANCE NO. 2465

AN ORDINANCE DECLARING THE NECESSITY TO TAKE PRIVATE PROPERTY BY EMINENT DOMAIN AND SPECIFYING AND DESCRIBING THE PROPERTY TO BE TAKEN

WHEREAS, the City Council of the City of Grand Junction, Colorado, has determined that it is necessary to improve North First and Rood Streets and to construct a sidewalk on certain property owned by Schiesswohl Oil Company and/or Al Schiesswohl; and

WHEREAS, the City Council has determined that approximately 48 square feet described as,

A parcel of land beginning at the Northwest Corner of Lot 1, Block 100 of the original townsite of Grand Junction, Colorado; thence East along the North line of said Lot 1 a distance of 8.0 feet; thence Southwesterly a distance of 14.42 feet to a point on the West line of said Lot 1; thence North along the West line of said Lot 1 a distance of 12.0 feet to the point of beginning, containing 48 square feet, more or less (the "Described Property")

will have to be acquired for construction of the sidewalk; and

WHEREAS, the staff and City Attorney of the City of Grand Junction has previously negotiated with the owner of the Described Property but have been unable to purchase the Described Property.

NOW, THEREFORE, be it ordained by the City Council of the City of Grand Junction, Colorado:

1. It is necessary to improve the North First and Rood Streets and to construct a sidewalk on the Described Property.

2. It is necessary to acquire the Described Property for the construction of the sidewalk, and staff and legal counsel are instructed to make a final offer for the purchase of the Described Property in the total amount of $600.00.

3. It is necessary to take the Described Property by the exercise of the power of eminent domain if the owners of the Described Property reject or fail to accept the final offer. If the final offer should be rejected or not accepted, the City Attorney is instructed to obtain immediate possession of and the fee simple title to the Described Property pursuant to applicable eminent domain statutes.

Introduced this 17th day of January, 1990.

PASSED and ADOPTED this 21st day of February, 1990.

R.T. Mantlo

____________________

President of the Council

Attest:

Neva B. Lockhart, CMC

____________________

City Clerk

I HEREBY CERTIFY that the foregoing ordinance, being Ordinance No. 2465, was introduced, read, and ordered published by the City Council of the City of Grand Junction, Colorado, at a regular meeting of said body held on the 17th day of January, 1990, and that the same was published in The Daily Sentinel, a newspaper published and in general circulation in said City, at least ten days before its final passage.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official Seal of said City this 22nd day of March, 1990.

Neva B. Lockhart

____________________

Neva B. Lockhart, CMC

City Clerk

Published: January 25, 1990

Published: February 25, 1990

Effective: March 27, 1990