| | | | | | | | VAIL TOWN COUNCIL AGENDA MEMO
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| | | | | | | | ITEM/TOPIC: Resolution No. 48, Series of 2020, A Resolution of the Vail Town Council Authorizing the Exercise of the Town's Eminent Domain Authority to Acquire Open Space Adjacent to Gore Creek
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| | | | | | | | PRESENTER(S): Matt Mire, Town Attorney
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| | | | | | | | ACTION REQUESTED OF COUNCIL: Approve, approve with amendments or deny Resolution No. 48, Series of 2020
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| | | | | | | | BACKGROUND: In 2017, 18 years after the Town acquired Tract C, 2 years after the Town adopted the Stream Tract Protection Ordinance, 1 year after the Town approved the Gore Creek Action Plan, and without the Town's consent, the property owners in the Eleventh Filing amended the Protective Covenants to expand the allowed uses in Tract C to allow for private encroachments and the maintenance of non-native vegetation. In order to preserve Tract C as natural open space that is devoid of any privately-owned improvements or non-native vegetation, as originally intended, the Town now seeks to remove the Protective Covenants from Tract C and acquire unencumbered title to Tract C. C.R.S. § 38-1-105 (5) authorizes the Town to condemn all property interests in Tract C held by other persons
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| | | | | | | | STAFF RECOMMENDATION: Approve Resolution No. 48, Series of 2020
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