Ordinance 2003-1425 - Laserfiche WebLink

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Boulder County Clerk, CO ORD R 56.00 2515466 Page: 2 of 11 10/15/2003 08:111::1 D 0.00 3. The Residual South 96th Street Right of Way: Parcel R51B, as legally described and depicted on the Exhibits attached hereto and incorporated herein by reference, consisting of 0.911 acres, more or less and including such lesser area therein and such greater area adjacent thereto as may be necessary for the Project. B. PERPETUAL EASEMENTS: 1. Drainage Easement: Parcel E51A, as legally described and depicted on the Exhibits attached hereto and incorporated herein by reference, consisting of 0.041 acres, more or less and including such lesser area therein and such greater area adjacent thereto as may be necessary for the Project. 2. South 96th Street Grading Easement: Parcel E51C, as legally described and depicted on the Exhibits attached hereto and incorporated herein by reference, consisting of 0.069 acres, more or less and including such lesser area therein and such greater area adjacent thereto as may be necessary for the Project. 3. Dillon Road Grading Easement: Parcel E51D as legally described and depicted on the Exhibits attached hereto and incorporated herein by reference, consisting of 0.083 acres, more or less and including such lesser area therein and such greater area adjacent thereto as may be necessary for the Project. Section 2. The City Council finds that the Project is a necessary and desirable improvement and that the property described in Section 1 is needed and required for public use and public purpose, to wit: the Highway 42/96th Street Connection Project. Section 3. The City Manager and Director of Public Works, or either of them, and their representatives, are designated and authorized to conduct further negotiations for the acquisition of the property described in Section 1, including the completion of any further efforts to acquire the same as may be required by law to be made, prior to the institution of eminent domain proceedings. Section 4. If the compensation to be paid for the property, or any matter related to acquisition of the property cannot be agreed upon, special counsel retained by the City is authorized and empowered to institute and prosecute to conclusion such eminent domain proceedings as are available under Article 1 of Title 38, C.R.S. to acquire the property described in Section 1, and to apply for the immediate possession of such property. Section 5. The Mayor, City Manager, Director of Public Works and City Staff are further authorized and directed to cooperate with such special counsel in