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RESOLUTION NO. 40 SERIFS 2015 A RESOLUTION APPROVING PERMANENT AND TEMPORARY CONSTRUCTION EASEMENTS BETWEEN THE CITY OF LOUISVILLE AND ROBERT PATRICK MAYHOFFER AND LEANNAH MAYHOFFER ER BARON FOR THE CITY -WIDE STORM SEWER OUTFALL IMPROVEMENTS PROJECT (LAFAYETTE- LOUISVILLE BOUNDARY AREA DRAINAGE IMPROVEMENTS PROJECT) WHEREAS, the City -Wide Storm Sewer Outfall Improvements Project (the "Project ") requires the acquisition of a permanent easement and a temporary construction easement across the Mayhoffer property (collectively, the "Easements "); and WHEREAS, City staff, in concert with Lafayette city staff, have negotiated the Easements for acquisition of property interests necessary for the Project, for a purchase price of $8,729 for the temporary construction easement and $26,538 for the permanent easement; and WHEREAS, the City of Louisville has determined that it will be mutually beneficial and in the public interest to enter into the Easements in order to construct the proposed Project to reduce the floodplain in the City's downtown area and provide other benefits; and WHEREAS, the City Council by this Resolution desires to approve the Easements and authorize their execution; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LOUISVILLE, COLORADO: 1. The proposed Easement Agreement and Temporary Construction Easement Agreement (collectively "Easements ") between Robert Patrick Mayhoffer and Leannah Mayhoffer Baron (the "Grantors "), and the City of Louisville for the conveyance of a 0.96 acre permanent easement and a 1.39 acre temporary construction easement, as further described in the Easements, are hereby approved in the forms substantially as attached hereto. 2. Approval and acceptance of such Easements is conditioned upon subordination of any prior deeds of trust that may impact the City's easement interests. 3. The Mayor and City Manager, or either of them, is authorized to execute the Easements on behalf of the City, except that the City Manager is hereby granted the authority to negotiate and approve such revisions to said Easements as the City Manager determines are necessary or desirable for the protection of the City, so long as the essential terms and conditions of the Easements are not altered. The Mayor, City Manager and City staff are further authorized to execute any and all documents necessary to complete the acquisition of the property interests under the Easements on behalf of the City, including the acquisition of a title policy on such interests, upon satisfaction of the above condition relating to the subordination of deeds of trust. Resolution No. 40, Series 2015 Page 1 of 2