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Ordinance 2002-6
O-2002-6

AN ORDINANCE

AUTHORIZING THE CONVEYANCE OF A 0.55 ACRE PARCEL OF LAND AND THE PAYMENT OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO THE STATE OF COLORADO IN EXCHANGE FOR A 1.56 ACRE PARCEL OF LAND, DECLARING 0.3 ACRES SURPLUS AND AUTHORIZING THE CONVEYANCE OF THE SURPLUS PROPERTY TO THE ADJACENT PROPERTY OWNER SUBMITTING THE HIGHEST BID, ALL PARCELS OF LAND BEING LOCATED IN THE SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF LAKEWOOD, COUNTY OF JEFFERSON, STATE OF COLORADO, FURTHER DECLARING AN EMERGENCY

WHEREAS, the State of Colorado (State) is the owner of a 6.92 acre parcel of land commonly known as the Aviation Club Property; and,

WHEREAS, the City of Lakewood (City) is the owner of a 0.85 acre parcel of land contiguous to the south property boundary of the Aviation Club Property (City Parcel); and,

WHEREAS, the City desires to acquire 1.56 acres of the Aviation Club Property, legally described in Exhibit A (Parcel A), which is attached hereto and incorporated herein by this reference, for the construction of a neighborhood park; and,

WHEREAS, the State desires to acquire 0.55 acres of the City Parcel, legally described in Exhibit B (Parcel B), which is attached hereto and incorporated herein by this reference for possible future construction of State offices; and,

WHEREAS, the area of Parcel A exceeds the area of Parcel B by approximately 44,180 square feet (Remainder); and,

WHEREAS, recent appraisals of these properties reflect an estimated market value of $4.25 per square foot; and,

WHEREAS, the State and the City have agreed to exchange Parcel A for Parcel B, together with $187,765 ($4.25 per square foot of the Remainder); and,

WHEREAS, the City wishes to obtain, and the State wishes to grant, a Right of First Refusal to the City for possible future City acquisition of the remainder of the Aviation Club Property legally described in Exhibit C (Parcel C), which is attached hereto and incorporated herein by this reference; and,

WHEREAS, upon completion of the exchange, a 0.3 acre portion of the City Parcel will remain in City ownership legally described in Exhibit D (Parcel D), which is attached hereto and incorporated herein by this reference, will have no direct access to a public street and will serve no needs of the City, resulting in a beneficial use only to one of three adjacent property owners; and,

WHEREAS, the City shall reserve a temporary access easement across Parcel B for the purpose of maintenance and surveillance until such time as Parcel D is conveyed to the adjacent property owner who submits the highest bid for Parcel D; and,

WHEREAS, the City has reserved Community Development Block Grant funds for the purpose of this acquisition since 1996 and the Department of Housing and Urban Development has expressed the need for the City to expend these funds for this or another qualifying purpose, creating a need for an emergency provision to be enacted.

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

SECTION 1. The City Manager is authorized to sign and the City Clerk is authorized to attest a Purchase and Sale Agreement with the State of Colorado to convey Parcel B and $187,765.00 of budgeted Community Development Block Grant funds to the State of Colorado in exchange for the State of Colorado conveying Parcel A to the City.

SECTION 2. The City Manager is authorized to sign and the City Clerk is authorized to attest any and all conveyance documents, requests for payment of funds and any other documents necessary to complete the requirements of the Purchase and Sale Agreement.

SECTION 3. The conveyance document for Parcel B shall include a reservation for a Temporary Access Easement for the purpose of maintenance and surveillance of Parcel D during the period of time that Parcel D remains in City ownership.

SECTION 4. The City Manager, through the Property Management Division, is authorized to accept the conveyance of Parcel A for Park and Open Space Purposes.

SECTION 5. Parcel D, upon conveyance of Parcel B to the State, shall be declared surplus. The City Manager is authorized to sign and the City Clerk is authorized to attest any conveyance documents necessary to convey Parcel D to the adjacent property owner who submits the highest bid for Parcel D and complies with the City requirements to merge Parcel D with their adjacent parcel.

SECTION 6. Emergency. This ordinance is necessary for the immediate preservation of the City of Lakewood's peace, health and safety. The expeditious use of Community Development Block Grant funds is necessary to remain in compliance with the requirements of the Department of Housing and Urban Development.

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

PARCEL A

A parcel of land lying in the southeast one-quarter (SE ¼) of Section 35, Township 3 South, Range 69 West of the 6th Principal Meridian, City of Lakewood, County of Jefferson, State of Colorado, described as follows:

The west 205.50 feet of that parcel of land described in Reception No. F0623490, Jefferson County Records, also being the west 205.50 feet of Tract 7, Grand View Acres, Jefferson County Records.

Said parcel of land contains 67,940 square feet (1.560 acres), more or less.

Illustration shown on Sheet 2 of 2 is attached hereto and made a part hereof.

The author of this description is Mr. John S. Lambert, PLS 13212, prepared on behalf of Sellards & Grigg, Inc., 390 Union Boulevard, Suite 630, Lakewood, CO 80228, on January 4, 2002 under S&G No. 1998452-24 for the City of Lakewood and is not to be construed as representing a monumented land survey.



EXHIBIT B

PARCEL B

A parcel of land lying in the southeast one-quarter (SE ¼) of Section 35, Township 3 South, Range 69 West of the 6th Principal Meridian, City of Lakewood, County of Jefferson, State of Colorado, described as follows:

The east one-half of the north one?half of the south one-half of Tract 6, Grand View Acres, Jefferson County Records, EXCEPT the east 40 feet of said Tract 6 as described in Book 643, Page 184, Jefferson County Records; TOGETHER WITH the west 10 feet of the east 40 feet of said Tract 6, as described in Reception No. 0992200, Jefferson County Records.

Said parcel of land contains 23,760 square feet (0.545 acres), more or less.

Illustration shown on Sheet 2 of 2 is attached hereto and made a part hereof.

The author of this description is Mr. John S. Lambert, PLS 13212, prepared on behalf of Sellards & Grigg, Inc., 390 Union Boulevard, Suite 630, Lakewood, CO 80228, on January 4, 2002 under S&G No. 1998452-24 for the City of Lakewood and is not to be construed as representing a monumented land survey.



EXHIBIT C

PARCEL C

A parcel of land lying in the southeast one-quarter (SE ¼) of Section 35, Township 3 South, Range 69 West of the 6th Principal Meridian, City of Lakewood, County of Jefferson, State of Colorado, described as follows:

That parcel of land described in Reception No. F0623490, Jefferson County Records, EXCEPT the west 205.50 feet of Tract 7, Grand View Acres, Jefferson County Records.

Said parcel of land contains 233,540 square feet (5.361 acres), more or less.

Illustration shown on Sheet 2 of 2 is attached hereto and made a part hereof.

The author of this description is Mr. John S. Lambert, PLS 13212, prepared on behalf of Sellards & Grigg, Inc., 390 Union Boulevard, Suite 630, Lakewood, CO 80228, on January 4, 2002 under S&G No. 1998452-24 for the City of Lakewood and is not to be construed as representing a monumented land survey.


EXHIBIT D

PARCEL D

A parcel of land lying in the southeast one-quarter (SE ¼) of Section 35, Township 3 South, Range 69 West of the 6th Principal Meridian, City of Lakewood, County of Jefferson, State of Colorado, described as follows:

The east one-half of the west one-half of the north one-half of the south one-half of Tract 6, Grand View Acres, Jefferson County Records.

Said parcel of land contains 13,120 square feet (0.301 acres), more or less.

Illustration shown on Sheet 2 of 2 is attached hereto and made a part hereof.

The author of this description is Mr. John S. Lambert, PLS 13212, prepared on behalf of Sellards & Grigg, Inc., 390 Union Boulevard, Suite 630, Lakewood, CO 80228, on January 4, 2002 under S&G No. 1998452-24 for the City of Lakewood and is not to be construed as representing a monumented land survey.