RESOLUTION NO. 26-01

A RESOLUTION DETERMINING THE NECESSITY OF

AND AUTHORIZING THE ACQUISITION OF CERTAIN PROPERTY,

BY EITHER NEGOTIATION OR CONDEMNATION,

FOR MUNICIPAL PUBLIC FACILITIES

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GRAND JUNCTION, COLORADO:

Section 1. It is hereby determined that it is necessary to the public health, safety and welfare that certain property be acquired for public street, sidewalk, parking, utility and drainage purposes. The necessary property as hereafter described in Section 3, is to be acquired by negotiation and purchase if possible; provided, however, the condemnation of said property is hereby specifically approved and authorized. The property sought to be acquired is to be used for municipal public purposes associated with the renovation of Two Rivers Convention Center.

Section 2. The City Attorney is hereby specifically authorized and directed to take all necessary legal measures, including condemnation, to acquire the property which is legally described and set forth in the following section, which is hereby determined to be necessary to be acquired to be used for public street, sidewalk, parking, utility and drainage purposes. The City Attorney is further authorized to request immediate possession of the parcels hereinafter set forth.

Section 3.  Interest to be acquired: Fee simple absolute.

Owner of record:  ROBERT C. MILLER

Legal Description:  Lots 11 and 12, inclusive, Block 122 of the Original Plat of the City of Grand Junction, Mesa County Colorado.

The interest to be acquired shall include all buildings attached to the property as realty in accordance with Colorado law.

Section 4. The City Engineer is hereby authorized to amend the legal description(s) of the parcels to be acquired and the nature of the interests to be acquired, if necessary in the course of construction.

Section 5. The City Council hereby finds and resolves, in the event that acquisition by condemnation of the parcels described in this resolution is commenced, that immediate possession is necessary for the public health, safety and welfare, due to design, bidding and construction deadlines.

Section 6. The Charter authorizes this resolution and the actions described. The resolution shall be effective upon an affirmative vote of a majority of the City Council considering it.

DONE this 21st day of March 2001.

                     /s/ Gene Kinsey          

                     Gene Kinsey, Mayor

ATTEST:

/s/ Stephanie Nye      

Stephanie Nye, City Clerk