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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<~ _. , , - ITEM N0.. ~ . -- ~ • ~0-~9-~~, DATE: .,,.,.='-~~h{.~~ ORDINANCE ~# 33 ' »A (Series of 1982) }~ ~ t '~ E 4 ~ : N ' ~ lY ~f li '.:l L. WV 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 _ 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 •~. -2- 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 _. .. • • • -3- 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. 4 `~ / Rodney E. ~Slif€~,r, ayor ATTEST: ./ ~ ~ !' , li ~ .~~ Colle~rY M. K fine INTRODUCED, READ AND APPROVED ON SECOND READING THIS 19th day of October 1982, and ordered published by title only ~~~~~ Rodney E .~ S 1 fifer , /Mayor ATTEST: i"~ f v( Colleen M. Kline ' division of Vail Das ~rding to the recorded le, State of Colorado. Shone, filing plat thereof , •