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RESOLUTION NO. 31 <br />SERIES 2017 <br />A RESOLUTION APPROVING THE GRANTING OF TEMPORARY AND PERMANENT <br />ACCESS AND UTILITY EASEMENTS BY THE CITY OF LOUISVILLE AND COUNTY <br />OF BOULDER TO THE CITY OF LAFAYETTE FOR THE INSTALLATION AND <br />MAINTENANCE OF AN UNDERGROUND WATER PIPELINE IN THE CALLAHAN <br />OPEN SPACE <br />WHEREAS, the City of Lafayette desires to obtain temporary and permanent easements to <br />install an underground water pipeline along an approximately 15 -foot wide strip of land ("Easement <br />Property") lying adjacent to the northern boundary of the property known as the Callahan Open <br />Space; and <br />WHEREAS, the Callahan Open Space and Easement Property are as legally descnbed and <br />depicted m the Exhibits to the Temporary Access and Utility Easement ("Temporary Easement") <br />and Access and Utility Easement ("Permanent Easement") that are attached to and accompany this <br />Resolution (collectively the "Easements"), and <br />WHEREAS, the City of Louisville is part owner of the Callahan Open Space property, with <br />the County of Boulder and City of Lafayette, and <br />WHEREAS, by letter dated February 3, 2017, the City of Lafayette has advised the City of <br />Louisville and County of Boulder that the City of Lafayette would, if necessary, exercise its power <br />of emment domain to acquire the Easements, and <br />WHEREAS, pursuant to Section 15-6(b)(2) of the Louisville Home Rule Charter, the City <br />of Louisville is authorized to grant a non-exclusive license, easement, or pernut for the <br />undergroundmg of utilities on open space land, and <br />WHEREAS, in lieu of the condemnation proceedmgs, the City Council is willmg to grant <br />the Easements for a pnce of $13,000 00, to be shared equally by the City of Louisville and County <br />of Boulder as tenants m common, and <br />WHEREAS, the Louisville Open Space Advisory Board has recommended the City <br />Council approve the requested grant of Easements, and the City Council by this Resolution desires <br />to approve the Easements and authonze their execution; <br />NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY <br />OF LOUISVILLE, COLORADO: <br />1. The proposed Easements between the City of Louisville and the County of <br />Boulder, as Grantor, and the City of Lafayette, as Grantee, for the conveyance of a non-exclusive <br />temporary easement and a non-exclusive perpetual easement for an underground water pipeline, <br />both easements being approximately 15 feet wide across the Easement Property as further <br />descnbed in the Easements, are hereby approved in the forms substantially as attached hereto <br />Resolution No 31, Senes 2017 <br />Page 1 of 2 <br />