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TC Res. No. 2004-22 DECLARING THE EAST BEAVER CREEK BOULEVARDTOWN OF AVON, COLORADO RESOLUTION NO. 04-22 SERIES OF 2004 A RESOLUTION DECLARING THE EAST BEAVER CREEK BOULEVARD (EAST AVON PHASE II) 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 Beaver Creek Boulevard 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 Beaver Creek Boulevard 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 day of Ju,IZQ , 2004. A TE kt OF Ayp~ a S E A 1~ ~ Clerk Y` TOWN O VO , COL %lbe'rit D. Reynolds, May Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Norm Wood, Town Engineer Anne Martens, Assistant Town gineer Date: June 10, 2004 Re: Resolution No. 04-22, Series of 2004 East Beaver Creek Boulevard (East Avon Phase II) Streetscape Improvements - Authorization to Acquire Rights-of-Way to Construct Improvements Summary: We will be commencing the process of acquiring the rights- of-way and easements required for construction of the East Beaver Creek Boulevard (East Avon Phase II) 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. 04-22 is recommended as one of the first steps necessary to begin the rights-of-way and easement acquisition process. Recommendations: Approve Resolution No. 04-22, Series of 2004, A Resolution Declaring the East Beaver Creek Boulevard (East Avon Phase II) 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\E Bvr Ck Blvd\6.0 RW Acquisition\6.1 Gen COtt\Res 04-22 Memo.Doc RESOLUTION NO. 04-22 SERIES OF 2004 A RESOLUTION DECLARING THE EAST BEAVER CREEK BOULEVARD (EAST AVON PHASE II) 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 Beaver Creek Boulevard 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 Beaver Creek Boulevard Streetscape Improvements to be in pursuance of the public interest and for a public purpose., V 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 _ day of , 2004. TOWN OF AVON, COLORADO Albert D. Reynolds, Mayor ATTEST: Patty McKenny, Town Clerk