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TC Res. No. 2007-29 DIRECTING THE INITIATION OF ACQUISITION OF CERTAIN UNITEDTOWN OF AVON, COLORADO RESOLUTION NO.07-29 SERIES OF 2007 A RESOLUTION DIRECTING THE INITIATION OF ACQUISITION OF CERTAIN UNITED STATES FOREST SERVICE LANDS THAT ARE REQUIRED FOR THE SAFE AND ORDERLY EVOLUTION OF THE TOWN WHEREAS, The Town of Avon and surrounding region is expected to double in population over the next 20 years; and WHEREAS, the growing population will required increased and guaranteed access to low impact recreational open space; and WHEREAS, increasing acquisition and development pressure will be placed on United States Forest Service ("USFS") parcels in and adjacent to the Town of Avon; and WHEREAS, prior acquisition and development proposals for the westerly parcel annexed by Ordinance_ No. 81-24 (Series of 1981) ("the West Avon Parcel") have been strongly objected to by the public; and WHEREAS, the USFS parcel located to the north of the intersection of U.S. Highway 6 and the Union Pacific Railroad ("The Village Parcel") is mostly surrounded by the Town, should be under control of the Town for maintenance and management, is key to the completion of the Eagle County Recreational Trail system and can provide vehicular access and parking for river recreation and other passive uses; and WHEREAS, the Planning & Zoning Commission and the Town Council of the Town of Avon, through discussion, deliberation and public meetings, have determined that the citizens of Avon want the West Avon Parcel and The Village Parcel to remain open space for passive recreation only; and WHEREAS, in 2006 the Planning and Zoning Commission recommended and the Town Council adopted a Comprehensive Plan specifying that these parcels be open space for passive recreation only; and WHEREAS, the Town with the consent and cooperation of the USFS annexed the West Avon Parcel into the town in 1981, and review and advice of counsel indicate that the annexation process was valid and binding and that case law supports this finding; and WHEREAS, the West Avon Parcel has been zoned "Open Space, Landscaping and Drainage" for the. last 26 years; and WHEREAS, the Eagle County Open Space criteria include the protection of "visual and physical buffers" between communities, and the West Avon Parcel provides that buffer between Wildridge (Town of Avon) and Singletree (unincorporated Eagle County). NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF. AVON, COLORADO: 1 That the Mayor, Town Manager and Town Attorney are directed to pursue acquisition of the West, Avon Parcel and The Village Parcel from the USFS; and , 2. That they are authorized to pursue these acquisitions under the provisions of the Townsite Act,.16 . U.S.C., 478.a, or other means determined to be appropriate; and 3.. That they are authorized to select a land appraiser acceptable to the USFS to determine the value of the. parcels; and 4. That they are authorized to engage the services of The Western land Group as needed; and 5. That they are to work with the USFS to establish the parameters for the appraisals; and 6. 'That they are authorized to expend up to $25,000 in these pursuits without further Council approval. ftk ADOPTED THIS DAY OF 2007. TOWN COUNCIL TOWN OF AVON, COLORADO 41 5 ~FAL ICJ rn I ~i Ronald C. Wolfe, Mayor 2