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ORDINANCE NO. 1631 AN ORDINANCE AUTHORIZING THE CONVEYANCE TO THE COLORADO DEPARTMENT OF TRANSPORTATION OF PARCELS OF PROPERTY OWNED BY THE CITY THAT ARE REQUIRED FOR PHASE II OF THE US 36 MANAGED LANE/BUS RAPID TRANSIT PROJECT WHEREAS, the City of Louisville is the owner of a parcel of property referred to as Parcel Number 8A (containing 50,383 square feet +), which parcel is located within Tract A, Colony Square (a/k/a Parcel S -3) and adjacent to the US 36 right -of -way at the intersection of US 36 and McCaslin Boulevard, and which parcel is legally described on Exhibit A attached hereto (hereinafter "Parcel 8A "); and WHEREAS, the City of Louisville is the owner of a parcel of property referred to as Parcel Number 8B (containing 41,589 square feet ±), which parcel is located within the Damyanovich Open Space Property and adjacent to the US 36 right -of -way approximately one -half mile west of the intersection of US 36 and McCaslin Boulevard, and which parcel is legally described on Exhibit A attached hereto (hereinafter "Parcel 8B "); and WHEREAS, the City of Louisville is the owner of a parcel of property referred to as Parcel Number 8C (containing 21,969 square feet ±), which parcel is located within the Davidson Mesa Open Space Property and adjacent to the US 36 right -of -way approximately one mile west of the intersection of US 36 and McCaslin Boulevard, and which parcel is legally described on Exhibit A attached hereto (hereinafter "Parcel 8C "; Parcels 8A, 8B and 8C are hereinafter collectively referred to as "the Parcels "); and WHEREAS, the Colorado Department of Transportation (hereinafter "CDOT ") has advised the City that the Parcels are required for CDOT's completion of Phase II the US 36 Managed Lane/Bus Rapid Transit Project, CDOT Project Code 18907, Project No. NH 0361 -103, Segment F (hereinafter "the Project "); and WHEREAS, CDOT has further advised the City that CDOT would, if necessary, exercise its power of eminent domain for the acquisition of the Parcels and in lieu of condemnation proceedings, CDOT has proposed a purchase of the Parcels upon certain terms and conditions; and WHEREAS, in lieu of condemnation proceedings, the City Council is willing to sell and convey the Parcels to CDOT via special warranty deeds for the purchase price of $34,210.00 for Parcel 8A, $37,430.00 for Parcel 8B, and $19,775.00 for Parcel 8C, and upon certain other terms and conditions set forth in Memorandums of Agreement between CDOT and the City (hereinafter the "MOAs "), which MOAs have been approved by City Council resolution; and WHEREAS, the City Council desires to authorize the sale and conveyance of the Parcels in accordance with the terms and conditions of the MOAs; and WHEREAS, the City Council finds that pursuant to applicable law, including without limitation Walsh v. Denver, 349 P.2d 352 (Colo. 1960), the Parcels may be conveyed in lieu of Ordinance No.1631, Series 2013 Page i of 3