HomeMy WebLinkAboutResolution 2014-0055CITY OF WH EAT RIDGE
RESOL UT ION NO . 55
Series of 2014
TIT L E : A RESOLUTION DETERMINING THAT THE PARCEL COMMONLY
REFERRED TO AS A STRIP OF L AND ADJACEN T TO 12525 W . 32N°
AVENUE IS BLIGHTED AS THAT TE RM IS DEFINED AT C.R.S. § 31 -
25 -1 05.5 (5 )(a), AND AUTHOR IZING THE WHEAT RIDGE URBAN
REN EWAL AU THORITY TO USE EM INENT DOMAIN TO ACQUIRE
THE PARCEL AND TO SUBSEQUENTLY TRANSFER IT TO A
PRIVATE PARTY
WHER EAS , on August 10, 2009 , by the adoption of Resolution No. 39-2009, the
City Cou nci l initially fou nd that the 170/Kip l ing Corridors Urban Renewal Plan area was
blighted as that term is defined in C .R.S . 31-25-103(2);
WHEREAS, the property described in Ex h i b it A hereto , commonly referred to as
the "a strip of land adjacent to 12525 W. 32 "d Avenue" (the "Property "), is located;
WHER EAS , a ~ublic hearing was held before the Wheat Ridge City Council at
City Hall , 7500 W . 291 Avenue , Wheat Ridge , Colorado 80033, at 7 :00 p.m. on
November 3 , 2014 , regarding the current existence of blight on the Property as that
term is defined in C .R.S . § 31-25-105.5(5)(a), and regarding the acquisition of the
Property by the Authority's use of eminent domain and subsequent transfer of the
Property to a private party; and
WHE RE AS , at the public hearing , the City Council heard and received evidence
supporting the findings set forth in this Resolution and wishes to make the following
findings : (1) that blight as defined in C.R.S . § 31-25-105.5(5)(a) exists o n the Property
without regard to the economic perfo rmance of the P roperty; (2) that the Property will be
deve loped within seven (7) years of the date of the origina l blight f i ndi ng ; and (3) t hat
the Authority is authorized to use eminent domain to acquire the Property and to
subsequently transfer it to a private party .
NOW, THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL O F THE CITY
OF WH EAT RIDGE , COLORADO, THAT:
Section 1. Based upon testimony and evidence presented to it at a duly
noticed public hearing held on November 3, 2014 , and after consideration of the factors
identified in C .R.S . § 31-25-103(2), and without regard to the economic performance of
the Property, the City Council finds and determines that the Property, in its present
condition and use and , by reason of the presence of all of the following factors ,
substantially impairs or arrests the sound growth of the municipality, retards the
provision of housing accommodations, constitutes an economic or social liability, and is
a menace to the public health, safety, morals, or welfare:
• (c) faulty lot layout in relation to size , adequacy, accessibility, or usefulness,
section
• (d) unsanitary or unsafe conditions ,
• (e) deterioration of site or other improvements,
• (f) unusual topography or inadequate public improvements or utilities ,
• (g) defective or unusual conditions of title rendering the title nonmarketable, and
• (I) if there are no objections by the property owner(s).
The City Council expressly finds that six (6) of the blight factors listed in C .R.S . §
31-25-103(2) exist on the Property, and consequently the definition of blight set forth in
C .R.S . § 31-25-1 05 .5(5)(a) is met. The Property is hereby declared to constitute a
blighted area as that term is defined in C .R.S . § 31-25-105.5(5)(a).
Section 2 . The urban renewal project for which the Property may be acquired
shall be commenced no later than seven (7) years from the date of this resolution , as is
required by C .R.S . § 31-25-105.5(2)(a)(l).
Section 3 . The Wheat Ridge Urban Renewal Authority has invited proposals
for redevelopment as required by C .R.S . § 31-25-105.5(2)(a)(ll).
Section 4 . Redevelopment requires inclusion of the Property as more
particularly described in Exhibit A .
Section 5 . To the extent necessary, the Wheat Ridge Urban Renewal
Authority has previously adopted relocation assistance and land acquisition policies
consistent with C .R.S . § 31-25-105.5(4)(a)
Section 6 . The City Council further finds that all of the requirements set forth in
C.R.S . § 31-25-105.5(2) have been satisfied as it relates to the Property to be acquired .
Section 7 . The principal purpose of the use of the power of eminent domain in
this circumstance is to facilitate redevelopment in order to eliminate or prevent the
spread of physically blighted or slum areas within the meaning of C .R.S . § 31-25-
107(4.5).
Section 8 . For all of the reasons set forth herein , the City Council hereby
authorizes the Wheat Ridge Urban Renewal Authority to acquire the Property by
eminent domain and may transfer the Property to a private party.
DATED this 2ih day of October, 2014.
ATTEST :
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EXHIBIT A
LEGAL DESCRIPTION
1he parcel sa long n arrow 'ectongle, rneasvring 5.0001 fccc norm to south and 155 0036 fe~t east to
west for a total site a'ea or 7?S.033S square feet.
Tne parcel IS shown hi ghlighted be low:
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