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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 : 3 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: '. I I ' , -,....._."' I I I 1 -f I I 4