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<br />~ -\ <br /> <br />10137099~ 12/09/9303:21 PM REAL ESTATE RECORDS <br />F1914 CHARLOTTE HOUSTON BOULDER CNTY CO RECORDER <br /> <br />ORDINANCE NO. 1104 <br />SERIES 1993 <br /> <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF <br />LOUISVILLE AUTHORIZING ACQUISITION OF CERTAIN PROPERTY <br />REQUIRED FOR OPEN SPACE, PARK OR RECREATIONAL PURPOSES <br />FOR THE BENEFIT, HEALTH, SAFETY AND WELFARE OF THE <br />CITIZENS OF LOUISVILLE AND DESIGNATING AN AGENT ON BEHALF <br />OF THE CITY TO ENGAGE IN GOOD FAITH NEGOTIATIONS TO <br />ACQUIRE SAID PROPERTY, AND UPON FAILURE TO SECURE A <br />NEGOTIATED ACQUISITION, AUTHORIZING THE CITY ATTORNEY OR <br />THE CITY ATTORNEY'S DESIGNEE TO PROCEED TO ACQUIRE SAID <br />PROPERTY THROUGH CONDEMNATION. <br /> <br />WHEREAS, The City of Louisville ("the City") has constructed <br />and maintains a certain public pathway for pedestrian and bicycle <br />traffic that is adjacent to the northerly line of the property <br />described as Lot 1, Block 8, Heritage Subdivision Filing No.2, <br />City of Louisville, County of Boulder, State of Colorado; and <br /> <br />WHEREAS, the Owner of said property has expressed the <br />intention to develop said property in a manner that would require <br />vehicular ingress to and egress from said property across the <br />pathway and vehicular travel on land that serves as a primary means <br />of ingress to and egress from the pathway, all to the danger and <br />detriment of the health, safety, and welfare of the citizens of <br />Louisville; and <br /> <br />WHEREAS, the Parks Master Plan for the City provides for the <br />pathway to connect with other pathways providing access to schools, <br />parks, and the downtown area of the City and provides that all <br />pathways should be maintained in a manner that satisfies acceptable <br />safety and security standards; and <br /> <br />WHEREAS, the use of a private way across the pathway and on <br />land that serves as a major point of ingress to and egress from the <br />pathway would create a condition that would be unacceptable to the <br />health, safety, convenience, and welfare of the citizens of the <br />City; and <br /> <br />WHEREAS, the health, safety, convenience, and welfare of the <br />citizens of the city require that said property be acquired for and <br />be maintained for open space, park and recreational purposes <br />consistent with the existing public use of the pathway; and <br /> <br />WHEREAS, the City desires to negotiate for the acquisition of <br />said property, and if acquisition by negotiation is unsuccessful, <br />to acquire said property through the City's power of condemnation <br />and eminent domain; and <br /> <br />1 <br /> <br />j <br />