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<br />RESOLUTION NO. 44 <br />SERIES 2004 <br /> <br />A RESOLUTION APPROVING A FINAL SUBDIVISION PLAT AND FINAL <br />DEVELOPMENT PLAN FOR <br />SPRUCE STREET APARTMENT SUBDIVISION, <br />A REPLAT OF OUTLOT 3, EAST LOUISVILLE SUBDIVISION <br />AND A PORTION OF THE ABANDONED ADJOINING RAILROAD RIGHT OF WAY <br /> <br />WHEREAS, there has been submitted to the Louisville City Council, a request for approval <br />of a final subdivision plat and final PUD development plan for a three-lot residential subdivision, to <br />be known as the Spruce Street Apartments Subdivision; and <br /> <br />WHEREAS, all materials related to the subdivision plat and final development plan have <br />been reviewed by City Staff and the Planning Commission and found to be in compliance with <br />applicable sections of Chapters 16 and 17 of the Louisville Municipal Code; and <br /> <br />WHEREAS, after a duly noticed public hearing, where evidence and testimony were <br />entered into the record, including the findings in the Louisville Planning Commission Staff Report <br />of September 14, 2004, the Planning Commission recommended approval to the City Council, with <br />3 conditions; and <br /> <br />WHEREAS, City Council has reviewed the application, including the recommendation of <br />the Planning Commission and finds that the application should be approved, with the following <br />condition: <br /> <br />1. The road right-of-way proposed for dedication on the eastern edge of the subdivision adjacent <br />to State Highway 42 shall be identified as a tract and dedicated exclusively to the City. Said <br />plat dedication shall be accompanied by a special warranty deed. The deed or a separate <br />agreement shall include subdivider's agreement to cooperate with the City on any quiet title <br />action or other action that the City might pursue in the future to clear title to the property in the <br />City's name. <br /> <br /> <br />ND ADOPTED this 5th day of October 004. <br /> <br />Charle <br />City 0 <br /> <br /> <br />By: <br /> <br />Nancy Varra City Clerk <br />City of Louisville, Colorado <br />