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RESOLUTION NO. 25 SERIES 2013 A RESOLUTION APPROVING MEMORANDUMS OF AGREEMENT WITH THE COLORADO DEPARTMENT OF TRANSPORTATION FOR CONVEYANCE OF PARCEL 8A (A/KA S -3 — US36 AND MCCASLIN) CONTAINING 50,383 SQUARE FEET, PARCEL 8B (A/K/A DAMYANOVICH) CONTAINING 41,589 SQUARE FEET, AND PARCEL 8C (A/K/A DAVIDSON MESA) CONTAINING 21,969 SQUARE FEET OWNED BY THE CITY FOR PHASE II OF THE US 36 MANAGED LANE/BUS RAPID TRANSIT PROJECT WHEREAS, the Colorado Department of Transportation ( "CDOT ") and the Colorado High Performance Transportation Enterprise ( "HPTE "), a government -owned business within CDOT, are undertaking to construct, design, build, operate, maintain and finance the project identified as 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, for the Project CDOT has advised the City that it intends to acquire the following City -owned parcels of property: (i) 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 in the exhibits accompany the attached Parcel 8A Memorandum of Agreement (hereinafter "Parcel 8A "); and (ii) 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 in the exhibits accompany the attached Parcel 8B Memorandum of Agreement (hereinafter "Parcel 8B "); and (iii) 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 in the exhibits accompany the attached Parcel 8C Memorandum of Agreement (hereinafter "Parcel 8C "; Parcels 8A, 8B and 8C are hereinafter collectively referred to as "the Parcels" and the Memorandum of Agreements are hereinafter collectively referred to as "the MOAs "); and WHEREAS, CDOT has proposed that the City and CDOT enter into the MOAs accompanying this Resolution in order to set forth the terms and conditions of the sale of the Parcels to CDOT; and Resolution No. 25, Series 2013 Page 1 of 2