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Ordinance 2013-1627
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Ordinance 2013-1627
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Last modified
3/12/2021 10:58:18 AM
Creation date
3/11/2013 7:52:25 AM
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City Council Records
Doc Type
Ordinance
Signed Date
3/5/2013
Ord/Res - Year
2013
Ord/Res - Number
1627
Original Hardcopy Storage
7E4
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ORD 2013-1627
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ORDINANCE NO. 1627 <br /> SERIES 2013 <br /> AN ORDINANCE AUTHORIZING THE CONVEYANCE TO THE COLORADO <br /> DEPARTMENT OF TRANSPORTATION OF A PARCEL OF PROPERTY OWNED BY <br /> THE CITY THAT IS REQUIRED FOR PHASE II OF THE US 36 MANAGED LANE/BUS <br /> RAPID TRANSIT PROJECT <br /> WHEREAS,the City of Louisville is the owner of a parcel of property referred to as Parcel <br /> Number 8 (containing 20,820 square feet ±), which parcel is located within Tract A, Health Park <br /> Subdivision Filing No. 6 and adjacent to the US 36 right-of-way, lying southeast of McCaslin <br /> Boulevard and northwest of 88th Street, and which parcel is legally described on Exhibit A attached <br /> hereto(hereinafter"the Property"); and <br /> WHEREAS, the Colorado Department of Transportation (hereinafter "CDOT") has <br /> advised the City that the Property is required for CDOT's completion of the US 36 Managed <br /> Lane/Bus Rapid Transit Project, CDOT Project Code 18907, Project No. NH 0361-103, Segment E <br /> (hereinafter"the Project"); and <br /> WHEREAS, by letter dated January 4, 2013, CDOT has further advised the City that <br /> CDOT would, if necessary, exercise its power of eminent domain for the acquisition of the Property <br /> and in lieu of condemnation proceedings, CDOT has proposed a purchase of the Property upon <br /> certain terms and conditions; and <br /> WHEREAS, in lieu of condemnation proceedings, the City Council is willing to sell and <br /> convey the Property to CDOT via special warranty deed for a purchase price of$14,575.00 and <br /> upon certain other terms and conditions set forth in a Memorandum of Agreement between CDOT <br /> and the City (hereinafter the "MOA"), a copy of which MOA has been approved by City Council <br /> resolution; and <br /> WHEREAS, the City Council desires to authorize the sale and conveyance of the Property <br /> in accordance with the terms and conditions of the MOA; 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 Property may be conveyed in lieu of <br /> condemnation proceedings notwithstanding any local charter or ordinance provision that would <br /> otherwise provide for an election for such conveyance because a sale pursuant to this ordinance will <br /> accomplish what otherwise would have had to be accomplished by condemnation proceedings; and <br /> WHEREAS, the City Council further finds that a sale pursuant to this ordinance is <br /> appropriate because the entirety of the Property that would otherwise be acquired through <br /> condemnation proceedings is encumbered by a perpetual easement for highway purposes granted to <br /> CDOT in 1951,prior to the dedication of the Property to the City; and <br /> WHEREAS, the City Council further finds that sale and conveyance of the Property in <br /> Ordinance No. 1627,Series 2013 <br /> Page 1 of 4 <br />
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