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Ordinance 2014-1658
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Ordinance 2014-1658
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Last modified
3/12/2021 10:58:19 AM
Creation date
2/7/2014 8:53:40 AM
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City Council Records
Doc Type
Ordinance
Signed Date
2/4/2014
Ord/Res - Year
2014
Ord/Res - Number
1658
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ORD 2014-1658
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its power of eminent domain for the acquisition of the Parcel 8D and in lieu of condemnation <br /> proceedings, CDOT has proposed the exchange of Parcel 25REV X for the City's interests in the <br /> Parcels; and <br /> WHEREAS,in lieu of condemnation proceedings, the City Council is willing to convey its <br /> interests in the Parcels to CDOT via quit claim deeds in exchange for CDOT's conveyance of <br /> Parcel 25REV X to the City; and <br /> WHEREAS, the City Council finds that pursuant to applicable law, including without <br /> limitation Walsh v. Denver, 349 P.2d 352 (Colo. 1960), the City may convey its interests in Parcel <br /> 8D in lieu of condemnation proceedings notwithstanding any local charter or ordinance provision <br /> that would otherwise provide for an election for any such conveyance because the exchange <br /> pursuant to this ordinance will accomplish what otherwise would have had to be accomplished by <br /> condemnation proceedings; and <br /> WHEREAS, the City Council finds the exchange pursuant to this ordinance will avoid the <br /> commencement by CDOT of condemnation proceedings for acquisition of Parcel 8D, will serve to <br /> clear title to Parcel 8E and Parcel 8F and, further, will also clear title to and align the City's and <br /> CDOT's respective ownership interests and maintenance areas at the intersection of US 36 and <br /> McCaslin Boulevard; and <br /> WHEREAS, the City Council has determined it is in the best interest of the City and its <br /> citizens to exchange its interests in the Parcels for Parcel 25 REV X as 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 conveyance from the City to CDOT <br /> of the City's interests in the Parcels legally described on Exhibit A, attached hereto and <br /> incorporated herein by reference, such interests in the Parcels to be conveyed for the Project in <br /> exchange for conveyance from CDOT to the City of Parcel 25 REV X as legally described on <br /> Exhibit A. Conveyance of the City's interests in Parcels and Parcel 25 REV X shall be by one or <br /> more quit claim deeds. The legal descriptions for such deeds 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 Mayor and City Clerk are hereby authorized to execute the deeds for <br /> conveyance of the City's interests in Parcels. The Mayor and City Manager, or either of them, is <br /> further authorized to execute and deliver any other documents reasonably required by CDOT in <br /> connection with the conveyance of the City's interests in the Parcels. The Mayor, City Manager <br /> and City Staff are hereby further authorized and directed to do all things necessary on behalf of the <br /> Ordinance No. 1658, Series 2014 <br /> Page 2 of 3 <br />
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