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condemnation proceedings notwithstanding any local charter or ordinance provision that would <br />otherwise provide for an election for such conveyances because a sale pursuant to this ordinance <br />will accomplish what otherwise would have had to be accomplished by condemnation proceedings; <br />and <br />WHEREAS, the City Council finds that sale and conveyance of the Parcels in accordance <br />with the MOAs will avoid the commencement by CDOT of condemnation proceedings for <br />acquisition of the Parcels; and <br />WHEREAS, the City Council has determined it is in the best interest of the City and its <br />citizens to sell and convey the Parcels upon the terms and conditions set forth herein; <br />NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY <br />OF LOUISVILLE, COLORADO: <br />Section 1. The foregoing recitals are hereby incorporated in and made a part of this <br />ordinance. <br />Section 2. The City Council hereby approves the sale and conveyance from the City to <br />CDOT of the Parcels legally described on Exhibit A, attached hereto and incorporated herein by <br />reference, such Parcels to be conveyed for the Project for a purchase price of $34,210.00 for Parcel <br />8A, $37,430.00 for Parcel 8B, and $19,775.00 for Parcel 8C. Conveyance of the Parcels shall be by <br />special warranty deed. The legal descriptions of the Parcels may be revised to reflect minor <br />adjustments in the area conveyed or to address any surveying or other technical matters, provided <br />the area conveyed for any one Parcel is not increased more than five percent. <br />Section 3. The sale and conveyance of the Parcels shall be upon the additional terms <br />and conditions set forth in those certain MOAs between the City and CDOT, copies of which <br />MOAs accompany this ordinance and the terms and conditions of which are incorporated herein by <br />reference as though set forth in full. <br />Section 4. The Mayor and City Clerk are hereby authorized to execute the deeds for <br />conveyance of the Parcels. The Mayor and City Manager, or either of them, is further authorized to <br />execute and deliver any closing or other documents reasonably required by CDOT or the title <br />company in connection with the closing of the sale of the Parcels. The Mayor, City Manager and <br />City Staff are hereby further authorized and directed to do all things necessary on behalf of the City <br />to effect the conveyance of the Parcels upon the terms and conditions hereof and to perform the <br />obligations of the City under the MOAs, including without limitation executing and delivering any <br />other documents necessary in connection therewith. <br />Section 5. The City Council hereby further approves, ratifies and confirms all actions <br />heretofore taken consistent herewith in connection with sale and conveyance of the Parcels. <br />Section 6. If any article, section, paragraph, sentence, clause, or phrase of this <br />ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect <br />the validity or constitutionality of the remaining portions of this ordinance. The City Council <br />Ordinance No.1631, Series 2013 <br />Page 2 of 3 <br />