HomeMy WebLinkAbout2001-01 VLHA Fee Simple Interest Intent (11w) VAIL LOCAL HOUSING AUTHORITY
RESOLUTION NO. 1
TITLE: A RESOLUTION DECLARING THE INTENT OF THE AUTHORITY TO
ACQUIRE A FEE SIMPLE INTEREST FOR THE SPECIFIED PUBLIC PURPOSE OF
PUBLIC AFFORDABLE HOUSING, FURTHER CONTINUANCE OF GOOD FAITH
NEGOTIATIONS TO ACQUIRE SAID PROPERTY INTEREST, AND AUTHORIZATION
TO INITIATE AN ACTION IN EMINENT DOMAIN TO ACQUIRE SAID PROPERTY IN
THE EVENT GOOD FAITH NEGOTIATIONS DO NOT RESULT IN AN AGREEMENT
TO ACQUIRE SAID PROPERTY INTEREST.
WHEREAS, the Authority, is involved in developing affordable housing at 1325
Westhaven Dr., Vail, Colorado; and
WHEREAS, construction of said Westhaven Affordable Housing Project
(hereinafter the "Project") is being undertaken for the public purpose of providing public
affordable housing to residents and employees within the Town of Vail; and
WHEREAS, acquisition of the property interests described in Exhibit A attached
hereto and incorporated herein by this reference (hereinafter the "Property"), is
necessary for the completion of said Project; and
WHEREAS, the Authority has negotiated in good faith with the Owner(s) of the
Property; and
WHEREAS, negotiations to purchase the Property have, to this point, been
unsuccessful; and
WHEREAS, it is necessary for the Authority to acquire immediate possession of the
property in order to complete the Project in a timely manner; and
WHEREAS, the Authority has determined that it is necessary to acquire a fee
simple interest in the Property, and that, in the event that good faith negotiations do not
result in voluntary granting of fee simple interest in the Property, it is necessary that the
Authority acquire said interest in said real property through the use of the Authority's
power of eminent domain pursuant to C.R.S. §§ 29-4-209(k), 29-4-211(1), and 29-4-
212, and in Article II, Section 15 of the Constitution of the State of Colorado utilizing the
procedures in C.R.S. §§ 38-1-101, et seq., and 38-6-101, et seq.
NOW, THEREFORE, BE IT RESOLVED BY THE AUTHORITY, THAT:
1. The Authority hereby finds that the Project will serve a public purpose by
providing affordable housing to residents and employees within Town of Vail and is in
the public interest. The Authority further finds that it is necessary to acquire the
Property to achieve said public purpose.
2. The Authority does hereby declare its intent to acquire a fee simple interest in the
Property from the Owner and all others having an interest therein.
3. The Authority specifically authorizes that negotiations between the Authority and
the Owner of the Property continue in good faith, but in the event such negotiations are
unsuccessful, acquisition of a fee simple interest in the Property from the record Owner
thereof and all other owners having an interest therein, through use of the Authority's
powers of eminent domain pursuant to the Housing Authorities Law and the Constitution
of the State of Colorado.
A copy of this Resolution shall be forwarded to the record Owner of the Property.
DONE AND RESOLVED this 17th day of April, 2001.
Vail Housing Authority
B : `.� (
By:
Ludwig Kurz, Chairman
ATTEST:
.---f—
Authority Clerk
Date:
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