HomeMy WebLinkAbout1982-33 Authorizing the Condemnation of Certain Real Estate Located within the Town of Vail Describing the Real Estate to be Acquired by Eminent Domain and Condemnation Procedures<~
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DATE:
.,,.,.='-~~h{.~~ ORDINANCE ~# 33
' »A (Series of 1982)
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75 ,. (rortage road .
- vaii. coiorado 81657AN ORDINANCE AUTHORIZING THE CONDEMNATION
o,;;..e of ta4vn clerk OF CERTAI~1 REAL ESTATE LOCATED WITHIN THE
TOWN OF VAIL, COUNTY QF EAGLE, STATE OF
COLORADO; DESCRIBING THE REAL ESTATE TO
BE ACQUIRED BY EMMINENT DOMAIN AND CON
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DEMNATION PROCEDURES; AUTHORIZING THE
• TOWN ATTORNEY TO INSTITUTE LEGAL PROCEEDINGS
FOR THE CONDEMNATION OF THE SUBJECT PROPERTY;
SETTING FORTH PUBLIC AND MUNICIPAL PURPOSES
AND USES FOR THE REAL ESTATE TO BE CONDEMNED:
AND SETTING FORTH MATTERS AND DETAILS IN
RELATION THERETO.
WHEREAS, the Town Council for the Town of Vail has determined
that it is necessary and appropriate for the public health, safety
and well being of the Town to acquire real estate for the purpose
of creating municipal facilities for the use and benefit of the
residents of the Town of Vail; and
WHEREAS, the Town Council has determined that only by acquiring
the property described in this ordinance can it properly provide
municipal facilities referred to herein as well as to reserve for
the inhabitants of the Town, cultural, educational and recreational
facilities such as theatres, civic centers, parks, swimming pools,
ski .lifts, tennis courts, and other facilities of similar character
and purpose; and
WHEREAS, the Town Council and its duly appointed representatives
have diligently negotiated to purchase and acquire said real estate
and having failed to reach an agreement regarding the purchase of
said property now deems it necessary and appropriate to take action
by virtue of the Town's power of emminent domain to condemn said real
estate;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, COLORADO, THAT:
Section 1. Authorization to Condemn Real Estate.
The Town Attorney for the Town of Vail is hereby authorized
and directed to proceed forthwith to initiate condemnation proceedings
in accordance with the applicable law for the State of Colorado and
the Charter for the To«•n of Vail by virtue of the power of emminent
domain conferred upon the Town of Vail by the Constitution of the
State of Colorado, State Statutes and the Town Charter. The
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description of the property authorised to be acquired by condemnation
is set forth in Exhibit "A" attached hereto and made a part hereof.
Section 2. Public and municipal Purposes.
The Town Council hereby declares that the public and municipal
purposes compelling the determination to acquire the property
described in Section 1 by condemnation are as follows:
A. For park and greenbelt purposes,
B. To preserve the natural and physical character of the
area to be condemned,
C. For bicycle,equestrian and hiking trails,
D. For children's playgrounds,
E. For facilities for the performing arts,
F. For picnic areas,
G. For recreation facilities such as tennis courts, swimming
pools, gymnasiums, ice skating rink,
H. For theatre and assembly halls,
I. For possible exchange or trade of the condemned land, or
a portion thereof, or other property which may more exactly
meet the needs of the Town,
J. To construct and maintain water works, transportation systems,
and other public utilities relating to the public health,
saf ety and welfare .
Section 3. Severability of Provisions.
If any part, section, subsection, sentence, clause or phrase of
this ordinance is for any reason held to be invalid, such decision
shall not affect the validity of the remaining portions of this
ordinance; and the Town Council hereby declares it would have passed
this ordinance, and each part, section, subsection, sentence, clause
or phrase thereof, regardless of the fact that any one or more parts,
sections, subsections, sentences, clauses or phrases be declared
invalid.
Section 4.
The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare
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of the Town of Vail and the inhabitants thereof.
INTRODUCED, READ AND APPROVED ON FIRST READING TI.IS 5th.. DAY
OF October 1982, AND ORDERED PUBLISHED IN FULL.
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Rodney E. ~Slif€~,r, ayor
ATTEST:
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Colle~rY M. K fine
INTRODUCED, READ AND APPROVED ON SECOND READING THIS 19th day
of October 1982, and ordered published by title only
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Rodney E .~ S 1 fifer , /Mayor
ATTEST:
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Colleen M. Kline '
division of Vail Das
~rding to the recorded
le, State of Colorado.
Shone, filing
plat thereof ,
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