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TC Res. No. 2001-45RESOLUTION NO. 01-45 SERIES OF 2001 A RESOLUTION DECLARING THE EAST AVON ACCESS AND CIRCULATION STREETSCAPE IMPROVEMENTS 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 East Avon Access and Circulation Streetscape Improvements), 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 East Avon Access and Circulation Streetscape Improvements 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. TOWN OF AVON, COLORADO ~Iy Yod VYOr T: Kris'-Rash, Town Clerk Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager4-~- From: Norm Wood, Town Engineer Date: December 4, 2001 RM Resolution No. 01-45, Series of 2001 East Avon Access and Circulation Streetscape Improvements - Authorization to' Acquire Rights-of-Way to Construct Improvements Summary: We are in the process of acquiring the rights-of-way and easements required for construction of the East Avon Access and Circulation Streetscape Improvements. 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. 01-45 is recommended as one of the first steps necessary to begin the rights-of-way and easement acquisition process. Recommendations: Approve Resolution No. 01-45, Series of 2001, A Resolution Declaring the East Avon Access and Circulation Streetscape Improvements 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\East Avon\6.0 R-W Acquisition\6.1 Gen Cor\Res 01-45 Memo.Doc