HomeMy WebLinkAboutR94-139 public need for certain property for open spaceCommissioner moved adoption
of the following solution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 94 - 1212
IN RE THE MATTER OF THE PUBLIC NEED
FOR CERTAIN PROPERTY FOR OPEN SPACE
WHEREAS, the Board of County Commissioners of the County of
Eagle, State of Colorado (hereinafter "Board "), has authority to
acquire public recreation facilities, open space and parklands
under C.R.S. 29 -7 -101 and -104, including the authority to acquire
by eminent domain; and
WHEREAS, the owner of that certain real property located in
the County of Eagle north of Wolcott and particularly described on
Exhibit " A " attached hereto ( "Property ") has applied for certain
permits required for, and has expressed his intention to, construct
a dwelling on the sky- and ridgeline on the property; and
WHEREAS, the owner of the Property has declined to enter into
a transaction of sale of the property to the Board; and
WHEREAS, the Board finds that the Property is necessary,
suitable, or proper for park or recreation purposes or for the
preservation or conservation of open space and vistas of scientif-
ic, historic, aesthetic, or other public interest; and
WHEREAS, based upon the foregoing the Board finds, determines
and declares that the property is necessary and convenient for a
public purpose.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO:
THAT, the Board determines that the Property is necessary and
convenient for a public purpose and that it shall proceed with the
acquisition of the Property by purchase or by condemnation
proceedings in accordance with the procedures set forth in the
applicable laws.
THAT, the Board's determination herein
as obligating the present Board or £utt
whatsoever to complete the acquisition of
Board may exercise all rights accorded it
condemnation proceedings.
MOVED, READ AND ADOPTED by the Board of Count Commissioners
of the County of Eagle, State of Colorado, this . n^p day of
U&6 1994.
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
ATTEST: ®��8� BOARD OF COUNTY COMMISSIONERS
d l?a—K—D YZD '44, Ufa, m By:
Clerk to the Board of _= hnnette Phillips, Qhairmar {
County Commissioners
George A. Gates, Commissioner
s E. Joh Jr ,
mmissioner
Commissioner AIL n seconded adoption of the
foregoing resolution. TIfe roll having been called, the vote was as
follows:
Commissioner Johnnette Phillips
Commissioner George A. Gates
Commissioner James E. Johnson, Jr.
This Resolution passed by — ��j vote of the Board of
County Commissioners of the County of Eagle, State of Colorado.
sha11 not be construed
ire Board in any way
the Property and the
under laws regulating
\.condem.res
