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RESOLUTION: LRA 2003-7
SUBJECT: A resolution authorizing the Lakewood Reinvestment Authority to acquire all property located within the Colfax-Wadsworth Reinvestment Plan area for the purpose of redevelopment and to initiate eminent domain to acquire the properties in the event good faith negotiations do not result in an agreement to acquire the properties. The individual parcels are described in Exhibit A to the Resolution. Exhibit B describes the entire Urban Renewal Area so that gaps and omissions that may not be included in the individual parcel descriptions may also be acquired.
ADDRESS: The Area is geographically described as bounded by Wadsworth Boulevard on the west, Teller Street on the east, 17th Avenue on the north and West Colfax Avenue on the south.
RECOMMENDATION: Approval by the Lakewood Reinvestment Authority to authorize the acquisition and eminent domain of property within the designated area of the Colfax-Wadsworth Reinvestment Plan.
FUNDING SOURCE: Funds will come from the authorized and executed Redevelopment Agreement between the Authority, City of Lakewood and Wal-Mart Stores, Inc.
SUMMARY AND BACKGROUND OF SUBJECT MATTER: In order to implement the Lakewood City Council's and the Lakewood Reinvestment Authority's adoption of the June 24, 2002 Amended Colfax-Reinvestment Plan and the June 30, 2003 Redevelopment Agreement between the Lakewood Reinvestment Authority, City of Lakewood and Wal-Mart Stores, Inc., it is necessary to assemble all of the property and property interests. If negotiations with the owners of the property within the designated area of the Colfax-Wadsworth Plan do not result in a cooperative and agreeable acquisition, this resolution and accompanying action authorize the Lakewood Reinvestment Authority to move forward with acquisition and, if necessary, condemnation of the property within the designated area.
RESOLUTION ADOPTION DATE: September 8, 2003
ORIGINATED BY: Rebecca P. Clark, LRA Director
STAFF PERSON RESPONSIBLE: Rebecca P. Clark, LRA Director 303-987-7525
DOCUMENTS ATTACHED: Resolution 2003-7
SUBMITTED BY:
Rebecca P. Clark, LRA Director
Jacque Wedding-Scott, LRA Treasurer
REVIEWED BY:
Michael J. Rock, Secretary/Executive Director
Margaret A. Greer, LRA Recording Secretary
LRA 2003-7
A RESOLUTION
A RESOLUTION DECLARING THE INTENT OF THE LAKEWOOD REINVESTMENT AUTHORITY TO ACQUIRE CERTAIN PROPERTIES IN THE COLFAX/WADSWORTH REINVESTMENT AREA FOR THE SPECIFIED PUBLIC PURPOSE OF REDEVELOPMENT IN CONFORMANCE WITH THE COLFAX/WADSWORTH REINVESTMENT PLAN, FOR GOOD FAITH NEGOTIATIONS TO ACQUIRE SAID PROPERTIES, AND AUTHORIZATION TO INITIATE AN ACTION IN EMINENT DOMAIN TO ACQUIRE SAID PROPERTIES IN THE EVENT GOOD FAITH NEGOTIATIONS DO NOT RESULT IN AN AGREEMENT TO ACQUIRE SAID PROPERTIES.
WHEREAS, the City Council of the City of Lakewood adopted the Colfax/Wadsworth Reinvestment Plan on August 9, 1999; and
WHEREAS, the Colfax/Wadsworth Reinvestment Plan authorizes actions by the Lakewood Reinvestment Authority to redevelop the area designated as the Colfax/Wadsworth Reinvestment Area; and
WHEREAS, redevelopment of the Colfax/Wadsworth Reinvestment Area (the "Project") is necessary to alleviate those conditions of blight found in the Colfax/Wadsworth Revitalization Conditions Survey; and
WHEREAS, acquisition of the properties described in Exhibit A and Exhibit B attached hereto and incorporated herein by this reference (hereinafter the "Properties"), is necessary for the completion of said Project; and
WHEREAS, it is necessary for the Lakewood Reinvestment Authority to acquire immediate possession of and title to the Properties in order to complete the Project in a timely manner; and
WHEREAS, the Lakewood Reinvestment Authority has determined that it is necessary to acquire the Properties, and that, in the event that good faith negotiations do not result in voluntary acquisition of unencumbered fee title to the Properties, it is necessary that the Lakewood Reinvestment Authority acquire said Properties through the use of the power of eminent domain as authorized by the Colfax/Wadsworth Reinvestment Plan, and in Article II, Section 15 of the Constitution of the State of Colorado and in C.R.S. §§ 38-1-101, et seq., and 38-7-101, et seq.
BE IT RESOLVED by the Lakewood Reinvestment Authority of Lakewood, Colorado, that:
SECTION 1. The Board of Commissioners of the Lakewood Reinvestment Authority hereby finds that it is necessary to acquire the Properties described in Exhibit A and Exhibit B hereto to achieve the goals of the Colfax/Wadsworth Reinvestment Plan.
SECTION 2. The Board of Commissioners of the Lakewood Reinvestment Authority does hereby declare its intent to acquire unencumbered fee title to the Properties described in Exhibit A and Exhibit B hereto from the Owners and all others having an interest therein.
SECTION 3. The Board of Commissioners of the Lakewood Reinvestment Authority specifically authorizes that negotiations between the Lakewood Reinvestment Authority and the Owners of the Properties occur in good faith, but in the event such negotiations are unsuccessful, acquisition of the unencumbered fee title to the Properties from the record Owners thereof and all other Owners having an interest therein, through use of the Lakewood Reinvestment Authority's powers of eminent domain granted by the Constitution of the State of Colorado, by Statutes of the State of Colorado, and the Colfax/Wadsworth Reinvestment Plan is hereby authorized.
SECTION 4. A copy of this Resolution shall be forwarded to the record Owners of the Properties and all parties who may have an interest in the Properties.
INTRODUCED, READ AND ADOPTED by a vote of 10 for and 0 against at a special meeting of the Board of Commissioners of the Lakewood Reinvestment Authority on September 8, 2003 at 7 o'clock p.m. at Lakewood Civic Center, 480 South Allison Parkway, Lakewood, Colorado.
Stephen A. Burkholder, Chair
ATTEST:
Michael J. Rock, Executive Director
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