Ordinance 2014-1658 - Laserfiche WebLink

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its power of eminent domain for the acquisition of the Parcel 8D and in lieu of condemnation proceedings, CDOT has proposed the exchange of Parcel 25REV X for the City's interests in the Parcels; and WHEREAS,in lieu of condemnation proceedings, the City Council is willing to convey its interests in the Parcels to CDOT via quit claim deeds in exchange for CDOT's conveyance of Parcel 25REV X to the City; and WHEREAS, the City Council finds that pursuant to applicable law, including without limitation Walsh v. Denver, 349 P.2d 352 (Colo. 1960), the City may convey its interests in Parcel 8D in lieu of condemnation proceedings notwithstanding any local charter or ordinance provision that would otherwise provide for an election for any such conveyance because the exchange pursuant to this ordinance will accomplish what otherwise would have had to be accomplished by condemnation proceedings; and WHEREAS, the City Council finds the exchange pursuant to this ordinance will avoid the commencement by CDOT of condemnation proceedings for acquisition of Parcel 8D, will serve to clear title to Parcel 8E and Parcel 8F and, further, will also clear title to and align the City's and CDOT's respective ownership interests and maintenance areas at the intersection of US 36 and McCaslin Boulevard; and WHEREAS, the City Council has determined it is in the best interest of the City and its citizens to exchange its interests in the Parcels for Parcel 25 REV X as set forth herein; NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LOUISVILLE, COLORADO: Section 1. The foregoing recitals are hereby incorporated in and made a part of this ordinance. Section 2. The City Council hereby approves the conveyance from the City to CDOT of the City's interests in the Parcels legally described on Exhibit A, attached hereto and incorporated herein by reference, such interests in the Parcels to be conveyed for the Project in exchange for conveyance from CDOT to the City of Parcel 25 REV X as legally described on Exhibit A. Conveyance of the City's interests in Parcels and Parcel 25 REV X shall be by one or more quit claim deeds. The legal descriptions for such deeds may be revised to reflect minor adjustments in the area conveyed or to address any surveying or other technical matters, provided the area conveyed for any one Parcel is not increased more than five percent. Section 3. The Mayor and City Clerk are hereby authorized to execute the deeds for conveyance of the City's interests in Parcels. The Mayor and City Manager, or either of them, is further authorized to execute and deliver any other documents reasonably required by CDOT in connection with the conveyance of the City's interests in the Parcels. The Mayor, City Manager and City Staff are hereby further authorized and directed to do all things necessary on behalf of the Ordinance No. 1658, Series 2014 Page 2 of 3