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O-2002- 4

AN ORDINANCE

TO VACATE PORTIONS OF DEDICATED RIGHTS-OF-WAY (ROW) FOR SOUTH REED STREET, SOUTH VANCE STREET AND THE SOUTH REED STREET ACCESS EASEMENT IN CONNECTION WITH THE REDEVELOPMENT OF THE BELMAR REDEVELOPMENT AREA LOCATED AT THE SOUTHEAST CORNER OF SOUTH WADSWORTH BOULEVARD AND WEST ALAMEDA AVENUE, CITY OF LAKEWOOD, COUNTY OF JEFFERSON, STATE OF COLORADO

Whereas, the South Reed Street, a portion of South Vance Street rights-of-way and South Reed Street Access Easement, were dedicated and subsequently accepted by the City, and

Whereas, the said rights-of-way and easement are no longer necessary.

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Lakewood, Colorado, that:

SECTION 1. Pursuant to Title 43, Article 2, Colorado Revised Statutes, Case No. VA-01-006, and upon a finding that the described area is no longer necessary for use by the public and that no land would by a vacation be left without an established public road connecting same with another established public road, the property described in Exhibit "A" the legal description attached hereto and made a part hereof be and the same is hereby vacated, provided, however, that pursuant to Section 43-2-303(3), Colorado Revised Statutes, the said property described in the legal description is reserved for the continued use of telephone lines and appurtenances and for the continued use of sewer, gas, or water pipelines and appurtenances and electric lines and appurtenances, if any.

SECTION 2. The City Clerk is hereby directed to record a certified copy of this ordinance with the Clerk and Recorder of Jefferson County, Colorado.

SECTION 3. This ordinance shall take effect thirty (30) days after final publication.

I hereby attest and certify that the within and foregoing ordinance was introduced and read on first reading at a regular meeting of the Lakewood City Council on the 28th day of January, 2002; published in full in the Jefferson Sentinel on the 31st day of January 2002; set for public hearing on the 11th day of February, 2002 read, finally passed and adopted by the City Council on the 11th day of February, 2002; and signed and approved by the Mayor on the 12th day of February, 2002.

Stephen A. Burkholder, Mayor

ATTEST:

Margy Greer, City Clerk

Approved as to form:

City Attorney

Exhibit "A"

Legal Description

Vacation of South Vance Street, South Reed Street and the South Reed Street Access Easement
Legal Description

Three parcels of land lying within the Northeast One-quarter (NE¼) of Section 14, Township 4 South, Range 69 West of the Sixth Principal Meridian, City of Lakewood, County of Jefferson, State of Colorado, being more particularly described as follows:

Parcel One (South Vance Street Right-of-way)

A portion of the South Vance Street right-of-way as shown and dedicated by the plat of VILLA ITALIA SHOPPING CENTER BUILDING ENVELOPE NO. 9, the plat of which is recorded in Plat Book 70, at Page 58 of the records of the Jefferson County Clerk and Recorder and being more particularly described as follows:

Basis of Bearing: Based on the North line of said NE¼ of Section 14, which is assumed to bear N 89°42'42" E, a distance of 2649.11 feet between the North Quarter Corner and the Northeast Corner and all bearings herein related thereto.

Beginning at the North Quarter Corner of said Section 14; thence S 19°14'33" E, a distance of 1638.36 feet to the True Point of Beginning; thence N 90°00'00" E, a distance of 0.64 feet to a point lying on the East line of said platted South Vance Street; thence S 00°09'47" W along said East line, a distance of 226.04; thence N 00°00'00" E, a distance of 266.04 feet to the True Point of Beginning, and said parcel containing an area of 73 square feet, or 0.0017 acre, more or less.

Parcel Two (South Reed Street Right-of-way)

South Reed Street right-of-way as dedicated and described by the instrument recorded in Book 1362, at Page 343 of said County records and being more particularly described as follows:

Basis of Bearing: Based on the East line of said NE¼ of Section 14, which is assumed to bear S 00°05'28" W, a distance of 2653.93 feet between the Northeast Corner and the East Quarter Corner and all bearings herein related thereto.

Beginning at the Northeast Quarter Corner of said Section 14; thence S 89°42'42" W along the North line of said NE¼, a distance of 467.07 feet; thence S 0°003'58" W, a distance of 150.00 feet to a point being the Northwest corner of said South Reed Street and said point being the True Point of Beginning; thence N 89°42'42" E along the North line of said South Reed Street, a distance of 50.00 feet to a point being the Northeast corner of said South Reed Street; thence S 00°03'58" W along the East line of said South Reed Street, a distance of 466.70 feet to a point being the Southeast corner of said South Reed Street; thence S 89°42'43" W along the South line of said South Reed Street, a distance of 50.00 feet to a point being the Southwest corner of said South Reed Street; thence N 00°03'58" E along the West line of said South Reed Street, a distance of 466.70 feet to the True Point of Beginning, and said parcel containing and area of 23,335 square feet, or 0.536 acre, more or less.

Parcel Three (South Reed Street Access Easement)

The South Reed Street Access Easement as shown and dedicated by the plat of VILLA ITALIA SHOPPING CENTER SUBDIVISION, the plat of which is recorded in Plat Book 78, at Pages 37 thru 39, inclusive, of said County records and being more particularly described as follows:

Basis of Bearing: Based on the East line of said NE¼ of Section 14, which is assumed to bear S 00°05'28" W, a distance of 2653.93 feet between the Northeast Quarter Corner and the East Quarter Corner and all bearings herein related thereto.

Beginning at the Northeast Quarter Corner of said Section 14; thence S 34°01'30" W, a distance of 746.63 feet to a point lying on the boundary line of Lot 1, Block 1, said VILLA ITALIA SHOPPING CENTER SUBDIVISION and said point being the most northerly and easterly corner of said South Reed Street Access Easement and said point being the True Point of Beginning; thence S 0°003'58" W continuing along the easterly line of said Access Easement, a distance 32.57 feet; thence S 60°00'00" E, a distance of 171.66 feet to a point of curvature; thence along an arc of a curve to the right having a radius of 175.50 feet and a central angle of 192°6'47", an arc distance of 59.57 feet to a point of reverse curve; thence along an arc of a curve to the left having a radius of 15.00 feet and a central angle of 49°22'35", an arc distance of 12.93 feet to a point of tangent; thence S 89°55'48" E along said tangent, a distance of 30.91 feet to a point lying on the East boundary line of said Lot 1, Block 1, VILLA ITALIA SHOPPING CENTER SUBDIVISION; thence S 00°04'12" W along said boundary line, a distance of 35.00 feet to a point of curvature; thence departing said boundary line and along and arc of a curve to the left having a radius of 15.00 feet and a central angle of 87°38'40" (the long chord of which bears S 25°32'05" W, a chord length of 20.77 feet), an arc distance of 22.95 feet to a point of reverse curve; thence along an arc of a curve to the right having a radius of 175.00 feet and a central angle of 18°21'22", an arc distance of 56.23 feet to a point lying on said East boundary line of said Lot 1; thence continuing along said boundary line the following two courses:
1. S 00°04'12" W, A distance of 436.32 feet;
2. S 8942°43" W, a distance of 0.61 feet; thence S 89°42'41" W, a distance of 0.94 feet to a point of curvature; thence along an arc of a curve to the right having a radius of 175.00 feet and a central angle of 37°18'45" (the long of which bears S 26°20'38" W, a long chord length of 112.28 feet), an arc distance of 114.29 feet to a point of tangent; thence S 45°00'00" W along said tangent, a distance of 75.18 feet to a point of curvature; thence along an arc of a curve to the left having a radius of 15.00 feet and a central angle of 105°49'50", an arc distance of 27.71 feet to a point of compound curve; thence along an arc of a curve to the left having a radius of 60.00 feet and a central angle of 290°5'58", and arc distance of 30.47 feet to a point of tangent; thence S 89°55'48" E along said tangent, a distance of 71.24 feet to a point lying on said East boundary line of said Lot 1; thence S 00°04'12" W along said boundary line, a distance of 35.00 feet; thence N 8°955'48" W departing said boundary line, a distance of 71.24 feet to a point of curvature; thence along an arc of a curve to the right having a radius of 95.00 feet and a central angle of 373°4'50", an arc distance of 62.31 feet to a point lying on a curve; thence along an arc of a non-tangent curve to the left having a radius of 15.00 feet and a central angle of 82°39'02" (the long chord of which bears N 86°19'31" W, a chord length of 19.81 feet), an arc distance of 21.64 feet; thence N 45°00'00" W, a distance of 44.00 feet; thence N 450°0'00" E, a distance of 139.19 feet to a point of curvature; thence along an arc of a curve to the left having a radius of 131.50 feet and a central angle of 44°55'48", an arc distance of 103.12 feet to a point of tangent; thence N 00°04'12" E along said tangent, a distance of 413.06 feet to a point of curvature; thence along an arc of a curve to the left having a radius of 131.50 feet and a central angle of 60°04'12", an arc distance of 137.87 feet to a point of tangent; thence N 60°00'00" W along said tangent, a distance of 204.01 feet; thence N 00°03'58" E, a distance of 54.24 feet to a point lying on a North boundary line of said Lot 1, Block 1, VILLA ITALIA SHOPPING CENTER SUBDIVISION; thence N 894°2'43" E along said boundary line, a distance of 50.00 feet to the True Point of Beginning, and said parcel containing an area of 52,960 square feet, or 1.216 acres, more or less.

The foregoing legal descriptions were prepared on 18 January 2002, by Dan Corrales, Senior Right of Way Technician for Property Management, City of Lakewood, 480 South Allison Parkway, Civic Center South Lakewood, Colorado 80226-3127, 303/987-7646 based on information provided by John G. Vigil, Professional Land Surveyor, for and on behalf of Vigil Land Consultants / 480 Yuma St / Denver, Colorado 80204 / 303-436-9233.

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