Loading...
HomeMy WebLinkAboutResolution 2014-0026CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 26 Series of 2014 TITLE: A RESOLUTION APPROVING A SECOND AMENDMENT TO THE I-70/KIPLING CORRIDORS URBAN RENEWAL PLAN TO ALLOW FOR THE UTILIZATION OF TAX INCREMENT FINANCING WHEREAS, in May 2009, the Wheat Ridge City Council approved an urban renewal plan, known as the 1-70/Kipling Corridors Urban Renewal Plan (the Urban Renewal Plan) Exhibit A for the elimination of blight and redevelopment of certain portions of the City; and WHEREAS, such Urban Renewal Plan includes the area described in Exhibit 8 hereto, which is the location of the MVG Development property; and WHEREAS, Section 7.7 of the Urban Renewal Plan provided for the utilization of sales and property tax incremental revenue sources within the redevelopment area; and WHEREAS, in compliance with the Urban Renewal Law of Colorado, C.R.S. § 31-25-101 et seq., the Wheat Ridge Urban Renewal Authority desires to implement the use of tax increment financing for the project area described in Exhibit B; and WHEREAS, on January 27, 2014 the City Council approved a First Modification to the 170/Kipling Corridors Urban Renewal Plan authorizing the use of Tax Increment Financing for the redevelopment project at the southwest corner of Kipling Street and 38th Avenue; and . WHEREAS, since the time of the First Modification, an additional parcel located at 3795 Kipling Street (Parcel ID : 39-281-00-001) has been acquired and will be included in the use of Tax Increment Financing; and WHEREAS, this second amendment to the Urban Renewal Plan is considered a substantial modification and therefore requires a 30-day notice to all property and business owners and the County Commissioners in the Urban Renewal Plan project area and requires the City's Planning Commission to review the modification and its conformity to the City's general plan for development as a whole. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: Section 1. The City Council hereby adopts this resolution amending Section 8 of the Urban Renewal Plan for the utilization of property and sales tax increment for the MVG Development project and adds in the parcel addressed as 3795 Kipling Street (ParceiiD: 39-281-00-001). DONE AND RESOLVED THIS 28th day of April, 2014. ATIEST: 1-70 f Kipling Corridors Urban Renewal Plan Wheat Ridge, Colorado May 2009 Prepared for: Wheat Ridge Urban Renewal Authority Wheat Ridge, Colorado City Council Prepared by: Leland Consulting Group (LCG) LELAND CONSULTING GROUP (20 july 2009) 1 1-70 f Ki piing Corridors Urban Renewal Plan Wheat Ridge, Colorado Table of Contents Section 1.0: 1.1 1.2 1.3 1.4 Section 2.0 Section 3.0 3.1 Section 4.0 Section 5.0 Section 6.0 6.1 6.2 6.3 Section 7.0 7.1 7.2 7.3 7.4 7.5 7.6 7 .7 7.8 7.9 7.10 7.11 7 .12 7.13 7.14 Introduction Preface Blight Findings Other Findings Urban Renewal Area Boundaries 1.4.1 Boundary Map of Urban Renewal Area Definitions Purpose of the Plan Public Participation Qualifying Conditions Relationship to Comprehensive Plan Plan Objectives General Descriptions Development and Design Objectives Public Investment Objectives Authorized Urban Renewal Undertakings and Activities Public Improvements and Facilities Other Improvements and Facilities Development Opportunities-Catalyst Projects Development Standards Variations in the Plan Urban Renewal Plan Review Process Project Financing and Creation of Tax Increment Areas Property Acquisition and Land Assemblage Relocation Assistance Demolition, Clearance, Environmental Remediation, and Site Prep Property Disposition Redevelopment and Rehabilitation Actions Redevelopment I Development Agreements Cooperation Agreements LELAND CONSULTING GROUP (20 July 2009) 4 6 10 11 13 14 18 2 1-70 f Kipling Corridors Urban Renewal Plan Wheat Ridge, Colorado Tabl e of Contents Section 8.0 8.1 8.2 8.3 8.4 Section 9.0 App endix Appendix A: AppendixB: AppendixC: Attachment 1: Attachment 2: Project Financing Public Investment Objective Authorization Project Revenues 8.3.1 Tax Increment Financing 8.3.2 Distribution of Tax Revenues Other Financing Mechanisms I Structures Severability Urban Renewal Area Legal Description Urban Renewal Plan Concept Map City of Wheat Ridge Comprehensive Plan, Updated 2000 References 1-70 I Kipling Corridors Conditions Survey 1-70 I Kipling Corridors Jefferson County Impact Report LELAND CONSULTING GROUP (20 July 2009) 26 28 3 1-70/ Kipling Corridors Urban Renewal Plan Wheat Ridge , Colorado 1.0 Preface and Background 1.1 Preface This I-70 I Kipling Corridor s Urban Renewal Plan (the "Plan" or the "Urban Renewal Plan") has been prepared by the Wheat Ridge Urban Renewal Authority (the II Authority") for the City of Wheat Ridge e'City"). It will be carried out by the Authority, pursuant to the provisions of the Urban Renewal Law of the State of Colorado, Part 1 of Article 25 of Title 31, Colorado Revised Statutes, 1973, as amended (the" Act"). The administration and implementation of this Plan, including the preparation and execution of any documents implementing it, shall be performed by the Authority. 1.2 Blight Findings Under the Act, an urban renewal area is a blighted area, which has been designated as appropriate for an urban renewal project. In each urban renewal area, conditions of blight, as defined by the Act, must be present, and in order for the Authority to exercise its powers, the City Council must find that the presence of those conditions of blight, "substantially impairs or arrests the sound growth of the municipality or constitutes an economic or social liability, and is a menace to the public health, safety, morals or welfare ." LELAND CONSULTING GROUP (20 July 2009) 4 The I-70 I Kipling Corridors Condition s Survey, prepared by Matrix Design Group, submitted June 2009, which is attached hereto as Attachment 1 (the "Blight Study"), demonstrates that the 1-70 I Kipling Corridors Area ("Study Area"), as defined in the Blight Study, is a blighted area under the Act. 1.3 Other Findings The Area is appropriate for one or more urban renewal projects and other undertakings authorized by the Act to be advanced by the Authority. Projects could require the demolition and clearance of certain public and private improvements within the Area as provided in this Plan. If this is the case, such actions will be determined to be necessary in order to eliminate unsafe conditions, obsolete and other uses detrimental to the public welfare, and otherwise remove and prevent the spread of deterioration. The Authority has the discretion to create a single or several tax increment areas within a single urban renewal planning area. In addition, it is at the Authority's discretion whether or not to initiate creation of one or several tax increment areas at the time the Plan is adopted by City Council. Factors that could support creation of a tax increment district include announcement of a specific project or prevailing or impending market and I or economic conditions. Further, the Authority is entitled to all powers authorized in the Act. It is the intent of the City Council in adopting this Plan that the Authority exercise all powers which are necessary, convenient or appropriate to accomplish the objectives of the Plan. In addition, it is the intent of the Plan that the Authority exercise all such powers as may now be possessed or hereafter granted for the elimination of qualifying conditions in the Area . LELAND CONSULTING GROUP (20 July 2009) 5 The powers conferred by the Act are for public uses and purposes for which public money may be expended and police powers exercised; and, this Plan is in the public interest and necessity -such finding being a matter of legislative determination by the City Council. 1.4 Urban Renewal Area Boundaries The proposed 1-70 I Kipling Corridors Urban Renewal Area (referred to herein as "the Urban Renewal Area" or "the Area") is located within the City of Wheat Ridge and Jefferson County, Colorado as delineated in Figure No. 1 and described in the legal description presented in the Appendix. The boundaries of the Area generally include properties roughly following a U-shaped corridor that runs north along Interstate 70 beginning at 32nd Avenue, then east along the Interstate until Kipling Street, and finally south along Kipling Street until 26th Avenue. The survey area contains 649 real property parcels. In terms of land area, the Area consists of approximately 1,189 total acres (including any streets or rights-of-way) of which approximately 812 acres lie within real property parcels . 1.4.1 Figure 1, 1-70 I Kipling Corridors Area The Plan Concept Map is presented in Appendix B. 2.0 Definitions In addition to terms previously defined in the text, the following terms are used in this Plan: LELAND CONSULTING GROUP (20 July 2009) 6 Figure No.1 LELAND CONSULTING GROUP (20 July 2009) 7 Act -means the Urban Renewal Law of the State of Colorado, Part 1 of Article 25 of Title 31, Colorado Revised Statutes, as amended. Area or Urban Renewal Area-means the 1-70/ Kipling Corridors Urban Renewal Area as depicted in Figure 1 and legally described in the Appendix. Authority-means the Wheat Ridge Urban Renewal Authority. Blight Study-means the I-70 I Kipling Corridors Conditions Suroey, prepared by Matrix Design Group, submitted June 2009, incorporated herein by this reference. City-means the City of Wheat Ridge, a home-rule municipal corporation of the State of Colorado. City Council -means the City Council of the City of Wheat Ridge. City Tax or City Taxes -means, collectively, taxes imposed by the City on certain transactions. Comprehensive Plan-the City of Wheat Ridge Area Comprehensive Plan, Updated 2000 (the "Comprehensive Plan"). Cooperation Agreement-means any agreement between the Authority and City, one or more Metropolitan Districts, or any public body (the term "public body" being used in this Plan as defined by the Act) respecting action to be taken pursuant to any of the powers set forth in the Act or in any other provision of Colorado law, for the purpose of facilitating public undertakings deemed necessary or appropriate by the Authority under this Plan. LELAND CONSULTING GROUP (20 July 2009) 8 C.R.S. -means the Colorado Revised Statutes, as amended from time to time. Impact Report-means the I-70 I Kipling Corridors, jefferson County Impact Report prepared by Leland Consulting Group, dated July, 2009, attached hereto as Attachment 2 and incorporated herein by this reference. Improvement District -means a special district created to make improvements, typically to public space infrastructure, in a given area. Wheat Ridge Comprehensive Plan-means Cih; of Wheat Ridge Area Comprehensive Plan, Updated 2000, as such plan has been or may be amended from time to time. Plan or Urban Renewal Plan-means this I-70 I Kipling Corridors Urban Renewal Plan. Property Tax Increment Area-means that portion of the Area designated as a property tax increment area Redevelopment I Development Agreement -means one or more agreements between the Authority and developer(s) and I or property owners or such other individuals or entities as may be determined by the Authority to be necessary or desirable to carry out the purposes of this Plan. Sales Tax -means the municipal sales tax imposed by the City on certain transactions. Sales Tax Increment Area -means any portion of the Area designated as a sales tax increment area. LELAND CONSULTING GROUP (20 July 2009) 9 Tax Increment Area-means a portion of the Area designated as a Property Tax and/or Sales Tax Increment Area . 3.0 Purpose of the Plan The purpose of the I-70 I Kipling Corridor s Urban Renewal Plan is to reduce, eliminate and prevent the spread of blight within the Area and to stimulate growth and investment within the Area boundaries. To accomplish this purpose, the Plan promotes local objectives with respect to appropriate land uses, private investment and public improvements, provided that the delineation of such objectives shall not be construed to require that any particular project necessarily promote all such objectives. Specifically, the Plan promotes an environment which allows for a range of uses and product types, as supported by the City of Wheat Ridge Area Comprehen sive Plan , Updat ed 2000 and any subsequent updates, as well as any other relevant policy documents which leverage the community's investment in public improvement projects in the Area . While the principal goal of this urban renewal effort, as required by the Act, is to afford maximum opportunity consistent with the sound needs of the City of Wheat Ridge as a whole, and to develop and rehabilitate the Area by private enterprise; it is not intended to replace the efforts of area business development entities. 3.1 Public Participation The Plan has been made available to business and property owners located within and adjacent to the Plan boundaries, as well as Wheat Ridge residents at- large. All stakeholders and residents were also invited to participate in several LELAND CONSULTING GROUP (20 July 2009) 10 venues: workshops held between April and May 2009 designed to solicit input on the vision for the Area. In all, more than 100 individuals participated. In addition, City staff received written comments via e-mail and phone calls. Notification of the public hearing was provided to property owners and owners of business concerns at their last known address of record within the Area as required by the Act. Notice of the public hearing to consider the Plan was published in the Wheat Ridge Transcript. Presentations were also made at public meetings of the City Council and Planning Commission during the summer of 2009 to receive comments and input on the process and Plan documents. As required by the Act, a report outlining the potential impact of the Plan on Jefferson County was prepared and submitted along with the Plan document to the County Commissioners of Jefferson County not less than 30 days before consideration of its approval. 4.0 Qualifying Conditions Before an urban renewal plan can be adopted by the City, the area must be determined to be a "blighted area" as defined in Section 31-25-103(2) of the Act, which provides that, in its present condition and use, the presence of at least four of the following factors in the Area, substantially impairs or arrests the sound growth of the municipality, retards the provision of housing accommodations, or constitutes an economic or social liability, and is a menace to the public health, safety, morals, or welfare: (a) Slum, deteriorated, or deteriorating structures; (b) Predominance of defective or inadequate street layout; (c) Faulty lot layout in relation to size, adequacy, accessibilihj, or usefulness; (d) Unsanitan; or unsafe conditions; LELAND CONSULTING GROUP (20 July 2009) 11 (e) Deterioration of site or other improvements; (j) Unusual topography or inadequate public improvements or utilities; (g) Defective or unusual conditions of title rendering the title nonmarketable; (h) The existence of conditions that endanger life or properh; btJ fire or other causes; (i) Buildings that are unsafe or unhealthy for persons to live or work in because of building code violations, dilapidation, deterioration, defective design, physical construction, or faulty or inadequate facilities; (j) Environmental contamination of buildings or properh;; (k.S) The existence of health, safety, or welfare factors requiring high levels of municipal services or substantial physical underutilization or vacancy of sites, buildings, or other improvements; or (l) If there is no objection by the property owner or owners and the tenant or tenants of such owner or owners, if any, to the inclusion of such properh; in an urban renewal area, "blighted area" also means an area that, in its present conditions and use and, by reason of the presences of any one of the factors specified in paragraphs (a) to (k .S) of Section 31-25-103(2), substantially impairs or arrests the sound growth of the municipality, retards the provision of housing accommodations, or constitutes an economic or social liability, and is a menace to the public health, safety, morals, or welfare. The Act also provides that, if private property is to be acquired by the Authority by eminent domain, at least five of the factors specified in Section 31-25-103(2)(a) to (2)(1) must be present. The general methodology for conducting the Blight Study is to: (i) define the Study Area; (ii) gather information about the Study Area, such as right-of-way and parcel boundaries, aerial photography, etc.; (iii) evaluate evidence of blight through field reconnaissance of the Study Area to document observed physical conditions of blight; and, (iv) collect data about blight factors that are not visually observable. LELAND CONSULTING GROUP (20 July 2009) 12 Among the 11 qualifying factors identified in the Act, the Blight Study identified the presence of the following ten blight factors in the Study Area: (a) Slum, Deteriorated and Deteriorating Structures (b) Predominance of Defective or Inadequate Street Layout (c) Faulty Lot Layout in Relation to Size, Adequaetj, or Usefulness (d) Unsanitary or Unsafe Conditions (e) Deterioration of Site or Other Improvements (j) Unusual Topography or Inadequate Public Improvements or Utilities (h) Existence of conditions that endanger life or property by fire and other causes (i) Buildings that are Unsafe or Unhealthy for Persons to Live or Work (j) Environmental Contamination of Buildings or Property (k.S) High Levels of Municipal Services or Underutilization or Vacancy of Sites, Buildings, or Other Improvements The condition, (g) of Section 31-25-103(2), defective or unusual conditions of title rendering the title non-marketable, was not investigated. 5.0 Relationship to Comprehensive Plan A general plan for the City, known as the City of Wheat Ridge Area Comprehensive Plan, was updated in 2000. The Authority, with the cooperation of the City, private enterprise and other public bodies, will undertake projects and activities described in this Plan in order to eliminate the conditions of blight identified herein while implementing the goals and objectives of the City of Wheat Ridge Area Comprehensive Plan, Updated 2000 and all subsequent updates. Specific elements of the City of Wheat Ridge Area Comprehensive Plan, Updated 2000 which this Plan advances, are presented in Appendix C of this Plan (and taken verbatim). References from other adopted and accepted documents LELAND CONSULTING GROUP (20 July 2009) 13 (Repositioning Wheat Ridge, Neighborhood Revitalization Strategy; and Wheat Ridge Northwest Sub-Area Plan) that speak to issues within the Urban Renewal Area are also provided. Pursuant to State Statutes, the I-70 I Kipling Corridors Urban Renewal Plan was reviewed by the Planning and Zoning Commission on August 6, 2009 and a Resolution was passed indicating that the Plan was consistent with certain Goals, Policies and Strategies contained in the Wheat Ridge Area Comprehensive Plan, Updated 2000 and other City adopted and accepted plans. 6.0 Plan Objectives 6.1 General Description The vision for the Area as defined by stakeholders involved in the process is: Redevelopment of the Urban Renewal Area represents a unique opportunihJ to create a series of destinations that are both region-serving and locally supportive. This Urban Renewal Plan, while not a regulating document, envisions qualihJ materials; notable architecture; strong internal and external connections; and, host environments for public events and cultural venues. New uses and redevelopment of existing uses nun; be developed in mixed-use and multi- use formats where feasible, and in an architectural sh;le that is regionally-relevant. Whereas existing neighborhoods will be stabilized, new neighborhoods will be co-located with commercial, emplat;ment and institutional uses. Improvements in the physical realm will be consistent and communicate a unified identihJ and brand. Connections for vehicles, pedestrians, biet;cles and other modes of transportation will be improved and strengthened in a manner that is regionally-relevant and in accordance with the Architectural and Site Design Manual. LELAND CONSULTING GROUP (20 July 2009) 14 6.2 Development and Design Objectives All development in the Plan Area shall conform to the zoning and development codes of the Wheat Ridge Municipal Code, as well as any site-specific zoning regulations or policies which might impact properties in the Area, all as in effect and as may be amended from time to time. Codes and regulations present at the time of any project application and development will apply. No project within the Urban Renewal Area is vested to previous codes or regulations. While the Act authorizes the Authority to undertake zoning and planning activities to regulate land use, maximum densities, and building requirements in the Area, the City will regulate land use and building requirements. The primary development objective of this Urban Renewal Plan is strategic investment in the public realm that will leverage private sector projects. Potential land uses within the Urban Renewal Area include a range of commercial, employment (industrial and office), residential, institutional, lodging, civic, cultural and parking. Other, more general development objectives include flexibility given changing market conditions; adaptability to a range of uses and product types; and, consistency in building material and development quality. Specific project goals and objectives identified by the stakeholders, in collaboration with impacted property owners, that investment within the Urban Renewal Area should aspire to, include the following: 1. Eliminate and prevent blight 2. Implement elements of the City of Wheat Ridge Comprehensive Plan, Update 2000 related to urban renewal and the vision of this Plan 3. Ensure orderly growth throughout the community 4. Stimulate development of under-utilized land in the Urban Renewal Area LELAND CONSULTING GROUP (20 July 2009) 15 5. Increase property values and strengthen the City's economic base 6. Participate in the long-term economic vitality of the City through quality (re) development 7. Enhance Wheat Ridge's identity 8. Preserve existing neighborhoods 9. Expand the City's commercial activities 10. Maintain a fiscally-prudent base of industrial uses 11 . Encourage growth in primary jobs 12. Promote Wheat Ridge's cultural heritage 13. Reduce sub-standard uses 14. Support stronger code enforcement Land Use 15 . Improve relationships between uses in the Urban Renewal Area and surrounding areas 16 . Provide uses supportive of and complementary to planned improvements 17. Promote a variety of housing product types to address multiple segments of the populous 18. Advance cultural art programs and capital investments 19 . Unify uses and plan components (signage, street furniture, landscaping) 20 . Support preservation of historic structures 21 . Expand service facilities (police, fire , library, recreation and/ or senior) Eco nomi c Deve lopm ent 22. Encourage the continued presence of existing viable businesses 23 . Attract regional and national businesses LELAND CONSULTING GROUP (20 July 2009) 16 Financial 24. Provide a range of financing mechanisms for private property (re) investment 25. Encourage public-private partnerships 26 . Promote economic incentives in order to attract (re) investment Political 27 . Facilitate cooperation among government agencies (taxing entities) Architec ture 28. Promote "green" development (environmentally sensitive) 29. Raise the quality of building standards in the Urban Renewal Area 30. Encourage higher design standards Physi cal 31 . Improve the public realm 32. Increase the capacity and quality of infrastructure in the Urban Renewal Area 33. Develop and enhance community gateways 34. Maintain I develop public gathering spaces (soft and hard) 35. Preserve the area's natural (and man-made) resources 36. Grow the City's multi-modal options (bike routes, trails, pedestrian access, transit) LELAND CONSULTING GROUP (20 July 2009) 17 6.3 Public Investment Objectives Existing conditions present within the Area will be remedied by the proposed Plan, but will first need to be identified as a priority public investment item by the Authority, in consultation with the stakeholders . As it is the intent of this Plan that improvements will only be partially funded by tax increment revenues, creation of special districts and/ or other financing districts to serve as supplemental funding sources will not only be considered, but encouraged. Experience has proven that a critical component to the success of any urban renewal effort is participation by both the public and private sectors. This said, leveraging of resources will be key as no one entity, either public or private, has sufficient resources alone to sustain a long-term improvement effort. 7.0 Authorized Urban Renewal Undertakings and Activities The Act allows for a wide range of activities to be used in the implementation of an urban renewal plan. In the case of this Plan, it is the Authority's intent to provide incentives to stimulate private investment in cooperation with property owners and other affected parties in order to accomplish its objectives. Public- private partnerships and other forms of cooperative development will be key to the Authority's strategy for preventing the spread of blight and eliminating existing blight conditions. Reliance on powers such as eminent domain will only be considered as a final option, as determined by the City Council, to achieve the objectives of this Plan. 7.1 Public Improvements and Facilities The Authority may undertake certain actions to make the Area more attractive for private investment. The Authority may, or cause others to, install, construct, and reconstruct any public improvements. Additionally, the Authority may, or LELAND CONSULTING GROUP (20 July 2009) 18 cause others to, demolish and clear buildings and existing improvements for the purpose of promoting the objectives of the Plan and the Act. Finally, the Authority may, or may cause others to, install, construct and reconstruct any other authorized improvements in the Area, including, without limitation, other authorized undertakings or improvements for the purpose of promoting the objectives of this Plan and the Act. Public projects are intended to stimulate (directly and indirectly) private sector investment in and around the Area . The combination of public and private investment will assist in the investment and reinvestment of the Area with a greater intensity and quality of viable commercial, employment, residential and mixed-use sub-areas supported by multiple forms of transportation and public spaces contributing to the overall economic well-being of the community. As described in Section 4.0 of this Plan, ten qualifying conditions of blight, as defined in Section 31-25-103(2) of the Act, are evident in the Area. This Plan proposes addressing each of these conditions through potential completion of the following public improvements and facilities: (a) Slum, Deteriorated and Deteriorating Structures: building improvements including facades, fencing, roof repairs; and, graffiti clean-up; (b) Predominance of Defective or Inadequate Street Layout: completion of incomplete streets and sidewalks; increased road and intersection capacity; roadway repairs; and, stronger connections; (c) Faulty Lot Layout in Relation to Size, Adequacy, Accessibility, or Usefulness: (see Predominance of Defective or Inadequate Street Layout); and, assemblage of small, narrow and awkwardly shaped parcels; (d) Unsanitary or Unsafe Conditions: pedestrian improvements; ADA improvements; lighting; bike paths; deferred maintenance items LELAND CONSULTING GROUP (20 July 2009) 19 including cracked and buckled sidewalks; and, roadway improvements designed to arrest congestion; (e) Deterioration of Site or Other Improvements: improvements to parking surfaces; curbs and gutters; and, signs and advertisements; (f) Unusual Topography or Inadequate Public Improvements or Utilities: undergrounding of overhead utilities; increasing infrastructure capacity where necessary; and, completion of curbs, gutters and sidewalks; (h) Existence of Conditions that Endanger Life or Property by Fire and Other Causes: sprinklering of commercial buildings; and, improved access for emergency vehicles; (i) Buildings That Are Unsafe or Unhealthy for Persons to Live or Work: demolition of substandard structures; G) Environmental Contamination of Buildings or Property: assistance with site and building environmental clean-up; (k.S) Existence of Factors Requiring High Levels of Municipal Services or Substantial Physical Underutilization or Vacancy of Sites, Buildings or Other Improvements: stronger code enforcement; site assemblage; site prep; and, assistance with post-development leasing strategies. 7.2 Other Improvements and Facilities There could be other non-public improvements in the Area that may be required to accommodate development and redevelopment. The Authority may assist in the financing or construction of these improvements. 7.3 Development Opportunities-Catalyst Projects A key concept associated with implementation of the Plan is targeted investment that will serve to catalyze development throughout the Area and fund future LELAND CONSULTING GROUP (20 July 2009) 20 public improvements. The aggregate impact of potential investment within the Area is reflected in the Impact Report in Attachment 2. 7.4 Development Standards All development in the Area shall conform to applicable rules, regulations, policies and other requirements and standards of the City and any other governmental entity which has jurisdiction over all or any portion of the Area. In conformance with the Act and the Plan, the Authority may adopt design standards and other requirements applicable to projects undertaken by the Authority in the Area. Unless otherwise approved by City Council, any such standards and requirements adopted by the Authority shall be consistent with all other City zoning and development policies and regulations. 7.5 Variations in the Plan The Authority may propose, and the City Council may make, such modifications to this Urban Renewal Plan as may be necessary provided they are consistent with the City of Wheat Ridge Comprehensive Plan , Updated 2000 and any subsequent updates, as well as the Act, or such amendments made in accordance with this Plan and as otherwise contemplated by this Plan. The Authority may, in specific cases, allow non-substantive variations from the provisions of this Plan if it determines that a literal enforcement of the provision would constitute an unreasonable limitation beyond the intent and purpose stated herein. LELAND CONSULTING GROUP (20 July 2009) 21 7.6 Urban Renewal Plan Review Process The review process for the Plan is intended to provide a mechanism to allow those parties responsible for implementing key projects to periodically evaluate its effectiveness and make adjustments to ensure efficiency in implementing the recommended activities. The following steps are intended to serve as a guide for future Plan review: (a) The Authority may propose modifications (including expansion of the Plan boundaries), and the City Council may make such modifications as may be necessary provided they are consistent with the City of Wheat Ridge Comprehensive Plan, Updated 2000 and any subsequent updates, as well as the Act. (b) Modifications may be developed from suggestions by the Authority, property and business owners, and City staff operating in support of the Authority and advancement of this Plan. (c) A series of joint workshops may be held by and between the Authority and property and business owners to direct and review the development of Plan modifications. 7.7 Project Financing and Creation of Tax Increment Areas While projects within the Area are planned to be primarily privately financed, it is the intent of the City Council in approving this Urban Renewal Plan to authorize the use of tax increment financing by the Authority to assist with the development of these projects. Urban renewal authorities in Colorado are authorized by statute (C.R.S 31-25-105) to borrow money and accept advances, LELAND CONSULTING GROUP (20 July 2009) 22 loans, grants and contributions from public or private sources, and to issue bonds to finance their activities or operations. In practice, an accepted method for financing urban renewal projects is to utilize incremental property tax and / or municipal sales tax revenues attributable to redevelopment in the project area to pay the principal of, the interest on, and any premiums due in connection with the bonds of, loans or advances to, or indebtedness incurred by the Authority. The boundaries of the Urban Renewal Area shall be as set forth in Appendix A. As more fully set forth herein this Section 7.7, it is the intent of City Council in approving this Plan to authorize the use of tax increment financing by the Authority as part of its efforts to undertake and advance the Plan. 7.8 Property Acquisition and Land Assemblage The Authority may acquire property by negotiation or any other method authorized by the Act, except that any proposal to acquire property under the power of eminent domain must be approved by the City Council in accordance with the Act. The Authority may temporarily operate, manage and maintain property in the Area with the consent of the owner of the property. Such property shall be under the management and control of the Authority and may be rented or leased pending its disposition for redevelopment. 7.9 Relocation Assistance It is not anticipated that acquisition of real property by the Authority will result in the relocation of any individuals, families, or business concerns. However, if such relocation becomes necessary, the Authority will adopt a relocation plan in conformance with the Act. LELAND CONSULTING GROUP (20 July 2009) 23 7.10 Demolition, Clearance, Environmental Remediation, and Site Prep In carrying out this Plan, it is anticipated that the Authority may, on a case-by- case basis, elect to demolish and clear buildings, structures and other improvements. Additionally, development activities consistent with this Plan, including but not limited to Development or Cooperation Agreements, may require such demolition and clearance to eliminate unhealthy, unsanitary, and unsafe conditions, eliminate obsolete and other uses detrimental to the public welfare, and otherwise remove and prevent the spread of deterioration. With respect to property acquired by the Authority, it may demolish and clear, or contract to demolish and clear, those buildings, structures and other improvements pursuant to this Plan, if in the judgment of the Authority, such buildings, structures and other improvements cannot be rehabilitated in accordance with this Plan. The Authority may also undertake such additional site preparation activities as it deems necessary to facilitate the disposition and development of such property. 7.11 Property Disposition The Authority may acquire, sell, lease, or otherwise transfer real property or any interest in real property subject to covenants, conditions and restrictions, including architectural and design controls, time restrictions on development, and building requirements, as it deems necessary to develop such property. Real property or interests in real property may be sold, leased or otherwise transferred for use in accordance with the Act and this Plan. All property and interest in real estate acquired by the Authority in the Area that is not dedicated or transferred to public entities, shall be sold or otherwise disposed of for redevelopment in accordance with the provision of this Plan and the Act. LELAND CONSULTING GROUP (20 July 2009) 24 7.12 Redevelopment and Rehabilitation Actions Redevelopment and rehabilitation actions within the Area may include such undertakings and activities as are in accordance with this Plan and the Act, including without limitation: demolition and removal of buildings and improvements as set forth herein; installation, construction and reconstruction of public improvements; elimination of unhealthful, unsanitary or unsafe conditions; elimination of obsolete or other uses detrimental to the public welfare; prevention of the spread of deterioration; and, provision of land for needed public facilities. The Authority may enter into Cooperation Agreements and Redevelopment/Development Agreements to provide assistance or undertake all other actions authorized by the Act or other applicable law to redevelop and rehabilitate the Area. 7.13 Redevelopment f Development Agreements The Authority is authorized to enter into Redevelopment/Development Agreements or other contracts with developer(s) or property owners or such other individuals or entities as are determined by the Authority to be necessary or desirable to carry out the purposes of this Plan. Such Redevelopment/ Development Agreements, or other contracts, may contain terms and provisions as shall be deemed necessary or appropriate by the Authority for the purpose of undertaking the activities contemplated by this Plan and the Act, and may further provide for such undertakings by the Authority, including financial assistance, as may be necessary for the achievement of the objectives of this Plan or as may otherwise be authorized by the Act. These Agreements will be separate from this Plan, yet in support of its goals and objectives. Existing agreements between the City and private parties that are consistent with this Plan are intended to remain in full force and effect. LELAND CONSULTING GROUP (20 July 2009) 25 7.14 Cooperation Agreements For the purpose of this Plan, the Authority may enter into one or more Cooperation Agreements pursuant to the Act. The City and the Authority recognize the need to cooperate in the implementation of this Plan and, as such, Cooperation Agreements may include, without limitation, agreements regarding the planning or implementation of this Plan and its projects, as well as programs, public works operations, or activities which the Authority, the City or such other public body is otherwise empowered to undertake and including without limitation, agreements respecting the financing, installation, construction and reconstruction of public improvements, utility line relocation, storm water detention, environmental remediation, landscaping and/ or other eligible improvements. This paragraph shall not be construed to require any particular form of cooperation. 8.0 Project Financing 8.1 Public Investment Objective It is the intent of the Plan that the public sector will play a significant role in urban renewal efforts as a strategic partner. Typical infrastructure investments the public would anticipate making include, but are not limited to: unifying streetscape elements (but for specific modifications made on private property); improving access and circulation; improving streets and parks; providing for infrastructure improvements; completing utilities; and, creating special districts or other financing mechanisms. LELAND CONSULTING GROUP (20 July 2009) 26 8.2 Authorization The Authority may finance undertakings pursuant to this Plan by any method authorized under the Act or any other applicable law, including without limitation: issuance of notes, bonds and other obligations in an amount sufficient to finance all or part of this Plan; borrowing of funds and creation of indebtedness; advancement of reimbursement agreements; and / or utilization of the following: federal or state loans or grants; interest income; annual appropriation agreements; agreements with public or private entities; and loans, advances and grants from any other available sources. The principal, interest, costs and fees on any indebtedness are to be paid for with any lawfully available funds of the Authority. Debt may include bonds, refunding bonds, notes, interim certificates or receipts, temporary bonds, certificates of indebtedness, or any other obligation lawfully created. 8.3 Project Revenues 8.3.1 Tax Increment Financing The Plan contemplates that a primary method of financing projects within the Area will be through the use of property tax and City Sales Tax increments. The Authority shall be authorized to pledge all or any portion of such property tax and City Sales Tax increment revenues for financing public infrastructure that benefits the Area pursuant to one or more Cooperation Agreements. LELAND CONSULTING GROUP (20 July 2009) 27 8.3.2 Distribution of Tax Revenues As specified in any amendment to this Plan which creates a new Tax Increment Area as set forth herein, property taxes and/ or City Taxes levied after the effective date of the approval of such amendment shall be divided for a period commencing on the date of City Council approval of such amendment and continuing for a period not-to-exceed twenty-five years in accordance with Section 31-25-107(9) of the Act and the terms of any applicable Cooperation Agreement. 8.4 Other Financing Mechanisms/ Structures The Plan is designed to provide for the use of tax increment financing as one tool to facilitate investment and reinvestment within the Area. However, in addition to tax increment financing, the Authority shall be authorized to finance implementation of the Plan by any method authorized by the Act. The Authority is committed to making a variety of strategies and mechanisms available which are financial, physical, market and organizational in nature. It is the intent of this Plan to use the tools either independently or in various combinations. Given the obstacles associated with development, the Authority recognizes that it is imperative that solutions and resources be put in place which are comprehensive, flexible and creative. 9.0 Severability If any portion of this Plan is held to be invalid or unenforceable, such invalidity will not affect the remaining portions of the Plan. LELAND CONSULTING GROUP (20 July 2009) 28 SECOND AMENDMENT TO THE 1-70/KIPLING CORRIDORS URBAN RENEWAL PLAN Section 8 of the I -70/Kipling Corridors Urban Renewal Plan ("Plan") is hereby amended to read as follows: 8.0 Project Financing 8.1 Public Investment Objective It is the intent of the Plan that the public sector will play a significant role in urban renewal efforts as a strategic partner. Typical infrastructure investments the public would anticipate making include, but are not limited to: unifying streetscape elements (but for specific modifications made on private property); improving access and circulation; improving streets and parks; providing for infrastructure improvements; completing utilities; and, creating special districts or other financing mechanisms. 8.2 Authorization The Authority may finance undertakings pursuant to this Plan by any method authorized under the Act or any other applicable law, including without limitation: issuance of notes, bonds and other obligations in an amount sufficient to finance all or part of this Plan; borrowing of funds and creation of indebtedness; advancement of reimbursement agreements; and I or utilization of the following: federal or state loans or grants; interest income; annual appropriation agreements; agreements with public or private entities; and loans, advances and grants from any other available sources. The principal, interest, costs and fees on any indebtedness are to be paid for with any lawfully available funds of the Authority. Debt may include bonds, refunding bonds, notes, interim certificates or receipts, temporary bonds, certificates of indebtedness, or any other obligation lawfully created. 8.3 Project Revenues 8.3.1 Tax Increment Financing The Plan contemplates that a primary method of financing projects within the Area will be through the use of property tax and City Sales Tax increments . The Authority shall be authorized to pledge all or any portion of such property tax and City Sales Tax increment revenues for financing public infrastructure that benefits the Area pursuant to one or more Cooperation Agreements. 8.3.2 Distribution of Tax Revenues As specified in any amendment to this Plan which creates a new Tax Increment Area as set forth herein , property taxes and/or City Taxes levied after the effective date of the approval of such amendment shall be divided for a period commencing on the date of City Council approval of such amendment and continuing for a period not-to-exceed twenty-five years in accordance with Section 31-25-107(9) of the Act and the terms of any applicable Cooperation Agreement. 8.4 Other Financing Mechanisms I Structures The Plan is designed to provide for the use of tax increment financing as one tool to facilitate investment and reinvestment within the Area . However, in addition to tax increment financing , the Authority shall be authorized to finance implementation of the Plan by any method authorized by the Act. The Authority is committed to making a variety of strategies and mechanisms available which are financial , physical , market and organizational in nature . It is the intent of this Plan to use the tools either independently or in various combinations. Given the obstacles associated with development, the Authority recognizes that it is imperative that solutions and resources be put in place which are comprehensive , flexible and creative. 8.5 Utilization of Property and Sales TIF Consistent with the foregoing provisions of this Section 8.0 regarding TIF , there is hereby adopted the utilization of property and sales tax increment for the properties described in the attached Appendix A. The properties and projects , for which a tax increment shall be utilized , along with a legal description for the properties , the date upon which the utilization of the tax increment shall take effect , and the terms of the tax increment applicable to each property, shall be as set forth in Appendix A. APPENDIX A 1. MVG Development Property a. Date TIF implemented : ________ _ b. Council Resolution: No._, Series 2014 L___,2014) c. Legal Descriptions: la--';---------------~'U!i'JI!l~IL----------------· + n ·~·· , •I ' I . 'If •· &----~----------~~....,,_-------------------- 1 ·~ -•wrr ~-·· . ~ 10101 W. 37th Place Our Order No: ABB70393418 LEGAL DESCRIPTION THAT PART OF THE NORTHEAST ONE-QUARTER OF THE NORTHEAST ONE -QUARTER OF THE NORTHEAST ONE-QUARTER OF SECTION 28 , TOWNSHIP 3 SOUTH , RANGE 69 WEST OF THE 6TH P.M., DESCRIBED AS FOLLOWS : BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 28 ; THENCE SOUTHERLY , ALONG THE EAST LINE OF SAID SECTION , 230 FEET ; THENCE WESTERLY , PARALLEL WITH THE NORTH LINE OF SAID SECTIO N, 200 FEET TO THE TRUE POINT OF BEGINNING ; THENCE CONTINUING WESTERLY , PARALLEL WITH THE NORTH LINE OF SAID SECTION , 109 .99 FEET, MORE OR LESS , TO A POINT 20 FEET EAST OF THE WEST UNE OF THE EAST ONE -HALF OF THE NORTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 28 ; THENCE SOUTHERLY PARALLEL WITH THE WEST LINE OF THE EAST ONE-HALF OF THE NORTHEAST ONE ·QUARTER OF THE NORTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SAID SECTION , 124 .86 FEET , MORE OR LESS , TO A POINT 355 FEET SOUTH OF THE NORTH LINE OF SAID SECTION 28 ; THENCE WESTERLY , PARALLEL WITH THE NORTH LINE OF SAID SECTION , 40 FEET ; THENCE SOUTHERLY , PARALlEl WITH AND 20 FEET WEST OF THE WEST LINE OF THE EAST ONE -HALF OF THE NORTHEAST ONE -QUARTER OF THE NORTHEAST ONE -QUARTER OF THE NORTHEAST ONE-QUARTER , 75 FEET ; THENCE WESTERLY , PARALLEL WITH THE NORTH LINE OF SAID SECTIO N, 290 .19 FEET , MORE OR LESS , TO THE EAST LINE OF LEE STREET ; THENCE NORTHERLY ALONG SAID EAST LINE , PARALLEL WITH AND 20 FEET EAST OF THE WEST LINE OF SAID NORTHEAST ONE -QUARTER OF THE NORTHEAST ONE-QUARTER OF THE NORTHEAST ONE -QUARTER , 400 FEET , MORE OR LESS , TO 1HE SOUTH LINE OF 38TH AVENUE ; THENCE EASTERLY ALONG SAID SOUTH LINE , PARALLEL WITH AND 30 FEET SOUTH OF THE NORTH LINE OF SAID SECTION 28 , A DISTANCE OF 440 .53 FEET , MORE OR LESS , TO A POINT 200 FEET WEST OF THE EAST LINE OF SAID SECTION ; THENCE SOUTHERLY , PARALLEL WITH THE EAST UNE OF SAID SECTION , 200 FEET TO THE TRUE POINT OF BEGINNING , COUNTY OF JEFFERSON , STATE OF COLORADO , EXCEPTING THEREFROM THE PORTIONS DESCRIBED IN BOOK 1579 AT PAGE 296 AND lN BOOK 1969 AT PAG E 800 AND IN BOOK 1970 AT PAGE 1 OF THE JEFFERSON COUNTY RECORDS. 10050 W. 371h Place O.r OrWt No:: AIUllllll!IU lfCAI. DESCIIPT10111 lltAT PART OF TilE NORT IIUSTQ .UZU R OFntF. NORlllEASTQUARTEROf Ti lE N~UI IJ\ST QUARTUl OF S£C110 ll, TO\\'NSIDP J SOUTH . RASCi Cl WEST OF Til E lllll PR1 CIJ'.U. MllUDII\N , DJ;SCRJIIED AS rou.aws - DEGII\JliXG A.T Tilt: NORTIIEAST CORN ER OF SAID SJ:CTION Zl. TilENtt 50l11li ERL Y AI..Of\C TilE EAST UNE OF SAJD SECTlON Z1 A Ol'IT ANCE OF 230 Fm : TIIE."\CE \\1lSTERl Y PARAWJ WITH n n: NORTH UJ\"E OF SAIIJ SECllON 21 A. Dr>TANCE OF !II Fm TO nn: TR E I'OINT 0 1' W:GINI'U ;c_ 11tENCE SOl11liERLY PARALI.Jl. YllUI TilE EASTUN EOF S.\IDSECTI ON 21 A IXSTANCEOF U C.09 FEET TO A POL'if OJ TilE SOUllll.IXE OF lliE 1\D IIniiAST QU.um:R OF TilE NORlliEAST QUARTUl OF Ti lE ~lEAST QUARTFJI OF SAI D SECTION 21 ; niENCE \\1lSTERLY ALONG S.\01 SOlllll l i.'II F. A. D!STl\ CE OF Zl9 .CI 1-l:ET TO A POL'if D:11 niE EAST UN [ OF I<Ul\'E mf.£T ; ntE."\CE NDRTIIf:RL Y AlO , SAID EAST E OF KUI\"E STREIT A.\'D AID UNE EXTFJ ID ID Na!nl A.\'D PARAlJ.F.L Wt11l AND 20 ··n :r EAST OF ntE WEST U\'E OF Til E EAST 111\l.J' OF ntE NORTIIIMT QUAIIT[R OF TilE NOR1l1EAST QUARTER OF TUE NORlliEAST QUARTER A DISTAPI'CE OF llS SZ FID. MORE OR LESS . TO A 1'011\lT ZIO sotml C»' TilE NDIOl l l..L'II E OF SAID SJ:C:TID.'\1 21 ; TIIENCE u\ST At\0 MRALEL \\lTH T l11: 1\'0RlliFAl>T UN E OF SAJD SF.Cn O. ll A DISTA.'«:[ OF 109.99 FEET . MOR E ~ LESS. TO A f(J(NT ZOO FrtT WEST OF 111E EAST LIXE OF SAID S[C'JlO..'II 21 ; TIIE."\0: NDRlli ERl Y AND PARAUJ:l. WTOJ THE [AST ll "E OF So\J D SECTION 21 ,\ DISTANC F. OF 2110 FEET TO A POM OJ TilE 50Ulll l 'Jl OF WF.sr 31TH AVEN I! lliE."\CE llASI'IRJ.Y Al.O, AIDSOUll i iJSI. PARAUEL WlTII AND liD FEET SDUrl l OF niE NDRTIILL'I £ OF SAID S£CTIO ll, •\ DISTAl\ E OF 45 FfJ:T TO A POI NT ISS Fm WEST OF TilE EAST I..L'II [ OF SAID S£CTIO 'll; TIIE."\CF. SOllllltRI.Y PARAU.U Wl111 A.\'D 15S FrET WEST OF 11 II EAST 'E OF SAID SI:CTION 21 >\ DtSTAI\Cii.OF :D FEETJ0 >\POINT2:111 FFl.T SOUTII OF lll[ NORlll UN £ OF SAID SI:CTION Zl; TIIE."\0! J:ASTI!Rl.Y PARAllEL \\TmTIJJ:NORlll U OF S.\ID SECTI ON 21. A DISTA P\CEOF IZ S ~liEf 10 TilE lliUE POM Of II£CIXN !NC; llXCEPllNG 111ERD110M TII AT CERTAL'I PARCH COI\Vf:YID TO TilE Df.PARTMENT ~ mCJIWA YS A.\'D DESC IRIIr.D A.S A TRACT OR PARCEL Of LAND NJ. ICG 01' TilE STA T£ DEPARTt.lf:NT OF IIIC II\YA YS . 01\'ISION OI'IIICI1WAYS., STAUOF GOl.ORAIXJ , PRQJT.CTNO OU -11:11 SECllON Z, INTI II N<»tTII£1\ST QUARTUl OF S£cn0.'1 Z1. TOWNSIIIP J sotm1. RA."\CE Cl WID OF niE m1 PRINCIJ'AL I ERIOIAN . I JEFTERSON COUNTY. COl.ORADO , SA.IIlllt\Cf 011 PARCEL llf:L'IC ORE PA1!11CU1.ARLY DESCRIBED AS FOl.1DNS DECI"'-"\ 'CAT A POM WIIIC II IS SOUTII .U..O."\C 111 EAST UI\E OF UIE I\ORT IIEAST QUo\llTIR OF S£CTIOlli Z1l. A OIST SCE 0 1' ZIO .OF D.I A ill WEST PARAUI.l. WITII TilE SORllll. II 01' TilE l\'ORll{flAST QUo\llTlll OF S[CTIQN Zl, A Dll>TA.'«:[ OF CS.t FEET l'lKnl Til( Na!ni£1\ST CORNER OF SF.CnOJ 21, TOYINSIOP J SOU nl. RANCE Cl WIST; I. llu:NCUOUll l. PARAI.U:L WmiTI!E EAST UI\."E OF 111[ trolllllfos\ST ()UARTEJI OF SECI10X 21 A DISTANC! OF U G.09 FEET TO niE sotml PR!»'ERTY UN £; 2. TIII £EAST , Al.ONC Til E SOUlll PROPERTYU'lt A DISTANCt:CI' 15.0rEI!IT0111Jl 50l11li£AST PROPERlY COR.,'T.Iil ; 1 TIIENCf:SORllt o\ Til( I<A.STPROI'ERTY UN E o\DtSTANC EOF 01.18 FEET ; C. TIIDOC £ WEST , PARAI.LI.L WITH TilE NORTH 1.1\'I OF TilE SORTIIIAST QUAJm:R OF SI:CTID N 21 A. D!STANC £ OF 15.0 FEET ro TilE POM OF BECL ... NL"\C: COUNTY OF .IEWERSON , STATEO I'OOLORADO 3785 Kipling O ur Order o: ABJ70397564 ilEGAL DESCRIPTION A PARCEL OF LA D l THE EAST 1/2 OF mE NORTHEAST 114 OF THE NORTHEAST t /4 OF THE NORTHEAST 1/4 OF SECTION 28 , 'f10WNSHIP 3 SOl.ITH . RANGE 69 WEST , COU TY OF JEFFERSON . STAT£ OF COLORADO . DESCRIBED AS FOLlOWS : BEG INNING AT A POINT WHICH IS 30 FEET SOliTH AND 30 FEET WEST OF THE NORTHEAST CORNER OF SAID SECTION 28 ; THENCE SOUfH 100 FEET ALONG THE W~T UNE OF IOPUNG STREET TO 1llE TRUE POINT OF rBEGI l NG : THE CE SOUfH ALO G WE WEST LINE OF KIPLING STREET A DISTANCE OF 100 FEET ; THE CE WEST AND PARALLEL TO THE SOUTH LIN E OF WFST 38TH AVENUE A DISTANCE OF ,125 FEET: THE CE NORTH A D PARALLEL TO THE WEST U E OF KIPUNG STREET A DIST NCE OF tOO FEET ; THE CE EAST AND PARALLrEl 'IiQ THE SOUilf LINE OF OF WEST 38TH AVENUE . A UISTANCE OF 125 FEET TO 1lfE 1iRUE POl T OF BEGIN lNG , . EXCEPT THAT IPORTION CONVEYED TO THE DEPARTMENT OF HICHWA YS BY DEED RECO RDED AUGUST 21 . 19691N BOOK 2128 AT PAGE 357 , COUNTY OF JEFFERSON . STATE OF COLORADO . 3795 Kipling The South 100 feet of the North 130 feet of the West 115 feet of the East 155 feet of the East half of the Northeast Quarter of the Northeast Quarter of the Northeast Quarter of section 28, Township 3 South, Range 69 West of the 6th Prindpal Meridian, EXCEPT that portion thereof conveyed to The Oty of Wheat Ridge/ Colorado by Deeds recorded November 10, 1972 in Book 2444 at Pages 376 and 377,