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TC Res. No. 2001-46RESOLUTION NO. 01-46 SERIES OF 2001 A RESOLUTION DECLARING THE EAGLE RIVER RECREATION PATH II PROJECT TO BE IN PURSUANCE OF A PUBLIC PURPOSE, AND AUTHORIZING ALL STEPS NECESSARY AND PROPER FOR ACQUISITION OF ALL INTERESTS, RIGHTS OF WAY, AND/OR EASEMENTS NEEDED TO. CONSTRUCT SUCH IMPROVEMENTS WHEREAS, the Town Council has previously directed, authorized, and budgeted for construction of the Eagle River Recreation Path II Project, and WHEREAS, said improvements will be made in pursuance of the public interest in health, safety, and welfare, and WHEREAS, the construction of said improvements may require the Town of Avon to obtain, through negotiation or exercise of the power of eminent domain, certain interests, rights of way, and/or easements. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. The Town of Avon Council hereby declares the Eagle River Recreation Path H Project to be in pursuance of the public interest and for a public purpose. Section 2. The Town of Avon staff is authorized to engage.the services of an appraiser and a title company, and to take all other actions necessary and proper for acquisition of all interests, rights of way, and/or easements needed to perform such improvements, including, but not limited to, acquisition by negotiation or the power of eminent domain. ADOPTED this 11 day of December_, 2001. A TEST: al/v s Nash, To Clerk TOWN OF AVON, COLORADO ci"~ Ll~~ J Yoder, a Memo. TO: Thru: Front: Date: Re: Honorable Mayor and Town Council Bill Efting, Town Manager Norm Wood, Town Engineer December 5, 2001 Resolution No. 0146, Series of 2001 Eagle River Recreation Path II Project- Authorization to Acquire Easements to"Construct Improvements $urnmar . We are in the process of acquiring the easements required for construction of the Eagle River Recreation Path II Project. It is possible that the initiation of eminent domain proceedings may be required.in the acquisition process for some of these properties. Oftentimes the initiation of this process is necessary to obtain possession of the property for construction, even though the actual acquisition of the property is completed through the negotiation process. Approval of Resolution No. 01-46 is recommended as one of the first steps necessary to begin the easement acquisition process. Recommendations: Approve Resolution No. 01-46, Series of 2001, A Resolution Declaring the Eagle River Recreation Path II Project to be in Pursuance of a Public Purpose, and Authorizing all Steps Necessary and Proper for Acquisition of all Interests, Rights-of-Way, and/or Easements Needed to Construct Such Improvements. Town Manager Comments: I:\Engineering\CIP\Eagle River Rec H\6.0 R-W Acquisition\6.1 Gen Correspondence\Res 01-46 Memo-Doc