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ORDINANCE NO. 1531 SERIES 2008 AN ORDINANCE DESIGNATING CERTAIN PROPERTY AS BEING REQUIRED FOR THE PUBLIC USE FOR THE DILLON ROAD PROJECT AND AUTHORIZING THE ACQUISITION THEREOF THROUGH NEGOTIATION AND/ OR CONDEMNATION WHEREAS, the City of Louisville has previously authorized and approved the Dillon Road Project for reconstruction of, and drainage and roadway improvements on and adjacent to Dillon Road from 96th Street to a point approximately 700 feet east of South 104th Street, and including a traffic signal at the intersection of Dillon Road and Pierce Avenue (hereinafter referred to as the "Project"); and WHEREAS, the Project is for a public use and purpose; and WHEREAS, it is necessary to acquire the property more particularly identified below for the Project; and WHEREAS, pursuant to law, including but not limited to Article XX of the Colorado Constitution, the City has the authority to exercise the power of eminent domain, and the purpose of this Ordinance is to authorize acquisition of the property identifiedl herein for such Project by negotiation and, if necessary, the institution of condemnation proceedings. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LOUISVILLE, COLORADO: Section 1. The City Council hereby designates the following property as being needed for public use of and by the City of Louisville for the above-described Project: A. FEE SIMPLE: 1. Boulder County Open Space East Right-of--Way Parcel: A strip of land, 60.00 feet in width, located in the El/2 of the NE1/4 of Section 21, T1S, R69W of the 6th P.M., County of Boulder, State of Colorado, as legally described and depicted on the Exhibits attached hereto and incorporated herein by reference, consisting of 37,593 square feet, more or less and including such lesser area therein and such greater area adjacent thereto as may be necessary for the Project. 2. Boulder County Open Space West Right-of--Way Parcel: A strip of land, 35.00 feet and 60.00 feet in width, located in the Wl/2 of the NE1/4 of Section 21, T1S, R69W of the 6th P.M., County of Boulder, State o:f Colorado, as legally described and depicted on the Exhibits attached hereto and incorporated herein by reference, consisting of 55,113 square feet, more or less and including such lesser area therein and such greater area adjacent thereto as may be necessary for the Project.