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<br /> <br /> <br /> <br /> <br />CITY COUNCIL COMMUNICATION <br /> <br />CITY COUNCIL COMMUNICATION <br />AGENDA ITEM 8H <br />SUBJECT: ORDINANCE NO. 1627, SERIES 2013 – AN ORDINANCE <br />AUTHORIZING THE CONVEYANCE TO THE COLORADO <br />DEPARTMENT OF TRANSPORTATION OF A PARCEL OF <br />PROPERTY OWNED BY THE CITY THAT IS REQUIRED FOR <br />PHASE II OF THE US 36 MANAGED LANE/BUS RAPID <br />TRANSIT PROJECT – 2ND READING – PUBLIC HEARING <br />(Advertised Daily Camera 2/24/2013) <br /> <br />DATE: MARCH 5, 2013 <br /> <br />PRESENTED BY: JOE STEVENS, PARKS AND RECREATION DEPARTMENT <br /> <br /> <br />SUMMARY: <br />The Colorado Department of Transportation (CDOT) is in the process of planning and <br />designing a project for the widening of US36 from McCaslin Boulevard to 88th Street in <br />Louisville. This is part and parcel with Phase II of the US36 Managed Lane/Bus Rapid <br />Transit Project. Recently, CDOT completed a Real Property Appraisal Report <br />conducted by Bonnie Roerig and Associates, LLC for the purpose of purchasing Parcel <br />8, containing 20,820 square feet of land owned by the City. Parcel 8 encompasses a <br />portion of “Avista Open Space” as referenced in the Parks, Recreation, Open Space <br />and Trails (PROST) Master Plan, adjacent to and along US36 southwest of Avista <br />Hospital. The entirety of Parcel 8 is encumbered by a 1951 easement in favor of CDOT <br />allowing use of the Parcel for highway purposes. CDOT is offering the City $14,575 <br />(fourteen-thousand five-hundred and seventy-five dollars) to purchase the fee interest in <br />the property so that CDOT can continue US36 Highway improvements. The City has <br />partnered with CDOT and neighboring municipalities to champion this project. Based <br />on the letter of condemnation from CDOT, CDOT has stated that it will use its power of <br />eminent domain to acquire the Parcel 8 if necessary. There is precedent that under <br />these circumstances, the conveyance does not need voter approval nor must it be <br />finalized through condemnation proceedings. Rather, the City may enter into an <br />agreement (the attached MOA) to sell the ROW to CDOT. <br /> <br />FISCAL IMPACT: <br />The City’s Conservation Trust – Open Space and Parks Fund will receive $14,575 for <br />20,820 square feet of real estate. <br /> <br />RECOMMENDATION: <br />Approve Ordinance 1627, Series 2013, on 2nd reading <br /> <br />ATTACHMENT(S): <br />1. Ordinance No. 1627, Series 2013 <br />2. Map and Aerial of Avista Open Space