Request for Council Action for Resolution 2005-30 REQUEST FOR COUNCIL ACTION

RESOLUTION: 2005-30

SUBJECT: Resolution authorizing condemnation for property interests needed across 10051 and 10071 West 9th Place and 1001 and 1005 Kipling Street for the West 8th Place and Kipling Street Drainage Improvement Project.

ADDRESS: 10051 and 10071 West 9th Place and 1001 and 1005 Kipling Street.

RECOMMENDATION: Staff recommends approval of this resolution.

SUMMARY AND BACKGROUND OF SUBJECT MATTER:
The City has been negotiating since March 7, 2005, to acquire needed property interests from the properties at 10051 and 10071 West 9th Place and 1001 and 1005 Kipling Street. This project is constructing a storm sewer system to convey the storm water to Lakewood Gulch. This project has two separate locations where these improvements will be constructed. The first location starts on the east side of Kipling Street and West 8th Place and runs easterly along the common property line between 830 and 850 Kipling Street to an existing storm sewer pipe located in the Lakewood High School parking lot.

The second location starts at West 8th Place and Miller Street and runs in the right-of-way of West 8th Place to the intersection of West 8th Place and Kline Drive. The storm pipe will then head in a northeasterly direction in the Kline Drive right-of-way to the intersection of Kline Drive and Kipling Street. It will then head northerly along Kipling Street to an existing Storm sewer pipe located at 1001 Kipling Street.

A purchase agreement has not yet been reached with the owners at the above mentioned addresses. The City must act now to exercise its right of eminent domain to acquire these property interests and maintain the project schedule. Ordinance O?2004-45 and O-2005-1 authorized the acquisitions necessary for this project. It is anticipated that these owners will reach agreement with the City for the rights-of-way required without the need to actually file condemnation actions. In the event that condemnation is required, this resolution will preserve the construction schedule, which allows completion of this project during the 2005 construction season.

FUNDING SOURCE: This project is being funded by the Stormwater Management utility.

RESOLUTION ADOPTION DATE: May 2, 2005.

ORIGINATED BY: Department of Public Works

STAFF PERSON RESPONSIBLE: Mike Connor, Property & Purchasing Service Manager, 303-987-7659

DOCUMENTS ATTACHED: Resolution 2005-30
Map

SUBMITTED BY:
Mike Connor, Manager, Property and Purchasing Services
Larry Dorr, Director of Finance

REVIEWED BY:
Joni Inman, Director Mayor and City Manager's Office
Michael J. Rock, City Manager