TC Res. No. 2004-23 DECLARING THE NOTTINGHAM ROAD IMPROVEMENTSTOWN OF AVON, COLORADO
RESOLUTION NO. 04-23
SERIES OF 2004
A RESOLUTION, DECLARING THE NOTTINGHAM ROAD IMPROVEMENTS
(PHASE 1) TO BE IN PURSUANCE OF A PUBLIC PURPOSE, AND
AUTHORIZING ALL STEPS NECESSARY AND PROPER FOR ACOUISITION
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 Nottingham Road Improvements (Phase I), 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 Nottingham Road
Improvements (Phase I) 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
AT
l~')C ~
Patty c enny, wn lerk
2004.
TOWN OF AVON, COLORADO
OAA
Albert D. Reynolds, 'tl
1~ OF
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IATown Clerk\Council\Resolutions\2004\Resolution No. 04-23.doc
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Norm Wood, Town Enginee
Anne Martens, Assistant To Engineer (~4
Date: June 10, 2004
Re: Resolution No. 04-23, Series of 2004
Nottingham Road Improvements (Phase 1) - 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 Nottingham Road Improvements
(Phase I). 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. 04-23 is recommended as one of the first steps necessary to begin the
rights-of-way and easement acquisition process.
Recommendations: Approve Resolution No. 04-23, Series of 2004, A
Resolution Declaring the Nottingham Road Improvements (Phase I) 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:
1AEngineering\C1P\Nottingham Rd (RA I To Buck Creek)\6.0 R-W Acquisition\6.1 General Correspondence\Res 04-23 Memo.Doc I
RESOLUTION NO. 04-23
SERIES OF 2004
A RESOLUTION DECLARING THE NOTTINGHAM ROAD IMPROVEMENTS
(PHASE I) 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 Nottingham Road Improvements (Phase I), and
WHEREAS, said improvements will be made in pursuance of the public interest
in health, safety, and welfare, and
WHEREAS, the construction of-said, improvement& 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 Nottingham Road
Improvements (Phase 'I) 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 , 2004.
TOWN OF AVON, COLORADO
Albert D. Reynolds, Mayor
ATTEST:
Patty McKenny, Town Clerk
IAEngineering\C Mottingham Rd (RA I to Buck Creek)\6.0 R-W Acquisition\6.1 General Correspondence\Resolution 04-23.doc