Open Space Advisory Board Agenda and Packet 2013 03 13

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Ordinance No. 1627, Series 2013 Page 1 of 4 ORDINANCE NO. 1627 SERIES 2013 AN ORDINANCE AUTHORIZING THE CONVEYANCE TO THE COLORADO DEPARTMENT OF TRANSPORTATION OF A PARCEL OF PROPERTY OWNED BY THE CITY THAT IS REQUIRED FOR PHASE II OF THE US 36 MANAGED LANE/BUS RAPID TRANSIT PROJECT WHEREAS, the City of Louisville is the owner of a parcel of property referred to as Parcel Number 8 (containing 20,820 square feet ±), which parcel is located within Tract A, Health Park Subdivision Filing No. 6 and adjacent to the US 36 right-of-way, lying southeast of McCaslin Boulevard and northwest of 88th Street, and which parcel is legally described on Exhibit A attached hereto (hereinafter “the Property”); and WHEREAS, the Colorado Department of Transportation (hereinafter “CDOT”) has advised the City that the Property is required for CDOT’s completion of the US 36 Managed Lane/Bus Rapid Transit Project, CDOT Project Code 18907, Project No. NH 0361-103, Segment E (hereinafter “the Project”); and WHEREAS, by letter dated January 4, 2013, CDOT has further advised the City that CDOT would, if necessary, exercise its power of eminent domain for the acquisition of the Property and in lieu of condemnation proceedings, CDOT has proposed a purchase of the Property upon certain terms and conditions; and WHEREAS, in lieu of condemnation proceedings, the City Council is willing to sell and convey the Property to CDOT via special warranty deed for a purchase price of $14,575.00 and upon certain other terms and conditions set forth in a Memorandum of Agreement between CDOT and the City (hereinafter the “MOA”), a copy of which MOA has been approved by City Council resolution; and WHEREAS, the City Council desires to authorize the sale and conveyance of the Property in accordance with the terms and conditions of the MOA; and WHEREAS, the City Council finds that pursuant to applicable law, including without limitation Walsh v. Denver, 349 P.2d 352 (Colo. 1960), the Property may be conveyed in lieu of condemnation proceedings notwithstanding any local charter or ordinance provision that would otherwise provide for an election for such conveyance because a sale pursuant to this ordinance will accomplish what otherwise would have had to be accomplished by condemnation proceedings; and WHEREAS, the City Council further finds that a sale pursuant to this ordinance is appropriate because the entirety of the Property that would otherwise be acquired through condemnation proceedings is encumbered by a perpetual easement for highway purposes granted to CDOT in 1951, prior to the dedication of the Property to the City; and WHEREAS, the City Council further finds that sale and conveyance of the Property in