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HomeMy WebLinkAbout2006-22 Declaring Intent to Acquire a Fee Simple Interest in the Property located at 2399 North Frontage Road For Fire Protection FacilitiesRESOLUTION NO. 22 SERIES 2006 A RESOLUTION DECLARING THE INTENT OF THE TOWN OF VAIL TO ACQUIRE A FEE SIMPLE INTEREST IN THE PROPERTY LOCATED AT 2399 NORTH FRONTAGE ROAD WEST FOR FIRE PROTECTION FACILITIES, 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 Town of Vail (the "Town"), in the County of Eagle and State of Colorado, is a home rule municipal corporation duly organized and existing under laws of the State of Colorado and the Town Charter (the "Charter"); and WHEREAS, the members of the Town Council (the "Council") of the Town of Vail have been duly elected and qualified; and WHEREAS, the Council has determined that it is in the public interest to expand its fire protection facilities; and WHEREAS, acquisition of the property interests with a street address of 2399 North Frontage Road West and legally described as Parcel A, a resubdivision of Tract D, a resubdivision of Vail Schone Filing 1, Town of Vail, Eagle County, Colorado (the "Property"), is necessary for the purposes described above; and WHEREAS, the Town has negotiated in good faith with the record owner of the Property and others having a recorded interest in the Property; and WHEREAS, negotiations to purchase the Property have, to this point, been unsuccessful; and WHEREAS, it is necessary for the Town to acquire possession of the property in order to expand facilities for fire protection services; and WHEREAS, the Town Council 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 the Property, it is necessary that the Town acquire said interest in the Property through the use of the Town's power of eminent domain as provided for in the Charter. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL THAT: 1. The Council hereby finds that it will serve a public purpose to expand facilities for fire protection facilities. The Town Council further finds that it is necessary to acquire the Property to achieve said public purpose. Resolution No. 22, Series 2006 2 . The Council hereby declares its intent to acquire the Property from the record owner and all others having an interest therein. 3 . The Council specifically authorizes that negotiations between the Town and the owner of the Property continue in good faith, but in the event such negotiations are unsuccessful, acquisition of the Property from the record owner thereof and all other owners having an interest therein, through use of the Town's powers of eminent domain, is hereby authorized. 4 . Malcolm M. Murray of Murray Dahl Kuechenmeister & Renaud LLP, shall be retained as Special Counsel to the Town for the purpose of representing the Town in the condemnation of the Property and related matters. 5 . A copy of this Resolution Number 22, Series of 2006, shall be forwarded to the record owner of the Property and all other persons having an interest in the Property. INTRODUCED, READ, APPROVED AND ADOPTED this 21St day of November, 2006. i Rodney E. Slifer, Mayof ' ATTEST: l. .~~ L ,Town rk, p(,p~ Resolution No. 22, Series 2006 RESOLUTION N0.23, SERIES 2006 A RESOLUTION APPROVING A BUDGET AND MAKING APPROPRIATIONS TO PAY THE COSTS, EXPENSES AND LIABILITIES OF THE VAIL LOCAL MARKETING DISTRICT, FOR ITS FISCAL YEAR JANUARY 1, 2007 THROUGH DECEMBER 31, 2007. WHEREAS, the Town Council received and approved the operating plan and budget for the fiscal year 2007 on December 5, 2006; and WHEREAS, in accordance with CRS section 29-1-106 a notice of budget hearing has been published; and WHEREAS, notice of this public hearing to consider the adoption of the proposed Vail Local Marketing District budget was published in the VAIL DAILY on the 28th day of November, 2006; and NOW THEREFORE, LET IT BE RESOLVED by the Vail Local Marketing District of Vail, Colorado, as follows: The Vail Town Council approves the submitted budget and appropriates $1,690,000 marketing related expenditures beginning on the first day of January, 2007, and ending on the 31St day of December, 2007. Attested:Signed: f.~ ,~....._ t Rodney E.'~lifer, M yor ` SEAL