HomeMy WebLinkAbout2003-04 Declaring the Intent of the TOV to Acquire a Deed Simple Interest in the Property Located at 1280 N. Frontage Road West for Public Housing PurposesRESOLUTION N0.4
SERIES OF 2003
A RESOLUTION DECLARING THE INTENT OF THE TOWN OF VAIL TO ACQUIRE A FEE
SIMPLE INTEREST IN THE PROPERTY LOCATED AT 1280 N. FRONTAGE ROAD WEST,
FOR PUBLIC HOUSING PURPOSES, FURTHER CONTINUANCE OF GOOD FAITH
NEGOTIATIONS TO ACQUIRE SAID PROPERTY INTEREST, AND AUTHORIZATION TO
INITIATE AN ACTION 1N 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 has determined that the provision of employee housing is
vital to the economic health, vitality, and social stability of 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
purposes described above; and
WHEREAS, the Town of Vail has negotiated in good faith with the Owner of the Property
to acquire unencumbered fee title to the Property; and
WHEREAS, negotiations to purchase the Property have, to this point, been
unsuccessful; and
WHEREAS, the Town of Vail has determined that it is necessary to acquire an
unencumbered 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 of
Vail acquire said interest in said real property through the use of the Town's power of eminent
domain as provided for in Section 1.2 of the Vail Town Charter.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL THAT:
1. The Town Council hereby finds that it will serve a public purpose to provide employee
housing to full time residents employed in the Town of Vail. The Town Council further finds that
it is necessary to acquire the Property to achieve said public purpose.
2. The Town of Vail hereby declares its intent to acquire the Property from the Owner
and all others having an interest therein.
3. The Town Council specifically authorizes that negotiations between the Town of Vail
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, through use of the
Town's powers of eminent domain, is hereby authorized.
4. Malcolm M. Murray of Gorsuch Kirgis LLP, shall be retained as Special Counsel to
the Town of Vail for the purpose of representing the Town of Vail in the condemnation of the
Property and related matters.
5. A copy of this Resolution shall be forwarded to the record Owner of the Property.
Resolution No. 4, Series of 2003
6. The officers of the Town are hereby authorized and directed to take all action
necessary or appropriate to effectuate the provisions of this resolution.
7. If any section, paragraph, clause or provision of this resolution shall for any reason be
held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph,
clause or provision shall in no manner affect any remaining provisions of this resolution, the
intent being that the same are severable.
8. All resolutions or parts of resolutions inconsistent herewith are hereby repealed to the
extent only of such inconsistency. This repealer shall not be construed to revive any resolution
or part of any resolution heretofore repealed.
9. This resolution shall take effect immediately upon its passage.
DONE AND RESOLVED this 15th day of April, 2003.
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Ludwig Kurz, Mayor
ATTEST:
elei .bonaldson, Town Clerk
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Resolution No. 4, Series of 2003