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O-2002-14

AN ORDINANCE

AUTHORIZING THE EXECUTION OF A QUIT CLAIM DEED FOR THE DEANE ELEMENTARY SCHOOL PROPERTY TO THE JEFFERSON COUNTY SCHOOL DISTRICT IN EXCHANGE FOR A QUIT CLAIM DEED FOR THE RAY ROSS PARK PROPERTY LOCATED IN THE EAST ONE HALF OF SECTION 13, TOWNSHIP 4 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF LAKEWOOD, COUNTY OF JEFFERSON, STATE OF COLORADO.

WHEREAS, Ray Ross Park was deeded to the City of Lakewood in February of 1999 by the Foothills Park and Recreation District as part of the requirements of the Joint Exclusion Plan and Agreement for Disposition of Assets and Continuation of Services (Agreement) between the City and the Recreation District; and,

WHEREAS, the Jefferson County Public School District is the owner of the property Deane Elementary School property located directly north of and adjacent to Ray Ross Park; and,

WHEREAS, Section 13, Township 4 South, Range 69 West of the 6th Principal Meridian was originally platted as 5300.90 feet along the north-south centerline instead of 5280.00 feet; and

WHEREAS, subsequent deeds of property in the section were based upon the assumption that the section was 5280 feet along the north-south centerline which resulted in a gap of approximately 10 feet between property owned by the City of Lakewood and the Jefferson County Public School District (R-1); and,

WHEREAS, the City of Lakewood and the Jefferson County Public School District (R-1) desire to resolve any discrepancy regarding the property line between Deane Elementary and Ray Ross Park.

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

SECTION 1. The City Manager is hereby authorized to execute and the City Clerk to attest a Quit Claim deed, in form approved by the City Attorney, to Jefferson County Public School District (R-1) for the property upon which Deane Elementary School is located, the legal description of which is attached hereto and incorporated herein by this reference as Exhibit A.

SECTION 2. The City Manager, by and through the Property Manager is authorized to accept a Quit Claim Deed from the Jefferson County Public School District (R-1) for the property upon which Ray Ross Park is located, the legal description of which is attached hereto and incorporated herein by this reference.

SECTION 3. This ordinance shall take effect 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 22nd day of April, 2002; published in full in the Lakewood Sentinel on the 25th day of April 2002; set for public hearing on the 13th day of May, 2002; read, finally passed and adopted by the City Council on the13th day of May, 2002; and signed and approved by the Mayor on the14th day of May, 2002.

Stephen A. Burkholder, Mayor

ATTEST:
Margy Greer, City Clerk

Approved as to form:
City Attorney

EXHIBIT A

R-1 PARCEL

A parcel of land lying in the northeast one-quarter (NE ¼) of Section 13, Township 4 South, Range 69 West, of the 6th Principal Meridian, County of Jefferson, State of Colorado, described as follows:

Beginning at the center one-quarter corner of said Section 13; thence N00°06'01"W, 539.29 feet along the west line of Book 567, Page 534, the west line of Book 300, Page 181 and the west line of Book 567, Page 350 to the northwest corner of said Book 567, Page 350; thence N89°18'16"E, 20.00 along the north line of said Book 567, Page 350 feet to the southwest corner of Book 804, Page 551, said southwest corner being the TRUE POINT OF BEGINNING; thence along the north and east lines of said Book 567, Page 350 the following two (2) courses;

1. N89°18'16"E, 423.47 feet;

2. S00°06'01"E, 10.08 feet to the northwest corner of Book 568, Page 535; thence N89°15'02"E, 221.84 feet along the north line of said Book 568, Page 535 to the southeast corner of Book 829, Page 401; thence N00°06'13"W, 625.76 feet along the east line of said Book 829, Page 401 to the northeast corner of said Book 829, Page 401; thence S89°18'16"W, 645.27 feet along the north line of said Book 829, Page 401 and the north line of said Book 804, Page 551 to the northwest corner of said Book 804, Page 551; thence S00°06'01"E, 615.88 feet along the west line of said Book 804, Page 551 feet to the TRUE POINT OF BEGINNING.

All documents recited above are of Jefferson County Records, Jefferson County, Colorado.

Said R-1 Parcel contains 399,615 square feet (9.174 acres) more or less.

For the purposes of this description the basis of bearings is the north-south centerline of said Section 13 being N00°06'01"W (assumed), the C/4 being an alloy cap PLS 13212 (1986) and the N/4 being an aluminum cap PLS 24670 (1997).

Illustration on sheet 3 of 3 is attached hereto and is made a part of 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 February 6, 2002 under S&G No. 1998449-23 for the City of Lakewood and is not to be construed as representing a monumented land survey.

Mr. John S. Lambert, PLS 13212

Exhibit B

LAKEWOOD PARCEL

A parcel of land lying in the northeast one-quarter (NE ¼) and the southeast one-quarter (SE ¼) of Section 13, Township 4 South, Range 69 West, of the 6th Principal Meridian, County of Jefferson, State of Colorado, described as follows:

Beginning at the center one-quarter corner of said Section 13; thence N00°06'01"W, 539.29 feet along the west line of Book 567, Page 534, the west line of Book 300, Page 181 and the west line of Book 567, Page 350 to the northwest corner of said Book 567, Page 350; thence along the north and east lines of said Book 567, Page 350 the following two (2) courses;

3. N89°18'16"E, 443.47 feet;

4. S00°06'01"E, 10.08 feet to the northwest corner of Book 568, Page 535; thence along the north and east lines of said Book 568, Page 535 the following two (2) courses;

1. N89°15'02"E, 221.84 feet;

2. S00°06'13"E, 196.40 feet to the southeast corner of said Book 568, Page 535; thence 5.35 feet along aforesaid line to the north line of Book 567, Page 534; thence along the north, east and south lines of said Book 567, Page 534 the following three (3) courses;

1. N89°16'07"E, 0.18 feet;

2. S00°07'58"E, 327.25 feet;

3. S89°16'07"W, 6.90 feet to the northeast corner of Book 1749, Page 754; thence along the east and south lines of said Book 1749, Page 754 the following two (2) courses;

1. S00°09'41"E, 632.56 feet;

2. S89°15'47"W, 82.90 feet to the southeast corner of Book 357, Page 276; thence along the east, north and west lines of said Book 357, Page 276 the following three (3) courses;

1. N00°06'01"W, 361.16 feet;

2. S89°15'47"W, 556.56 feet;

3. S00°06'01"E, 66.00 feet to the north line of Book 289, Page 233; thence S89°15'47"W, 20.00 feet along said north line to the northwest corner of said Book 289, Page 233; thence N00°06'01"W, 337.47 feet along the west line of said Book 1749, Page 754 to the Point of Beginning.

All documents recited above are of Jefferson County Records, Jefferson County, Colorado.

Said Lakewood Parcel contains 566,550 square feet (13.006 acres) more or less.

For the purposes of this description the basis of bearings is the north-south centerline of said Section 13 being N00°06'01"W (assumed), the C/4 being an alloy cap PLS 13212 (1986) and the N/4 being an aluminum cap PLS 24670 (1997).

Illustration on sheet 3 of 3 is attached hereto and is made a part of 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 February 6, 2002 under S&G No. 1998449-23 for the City of Lakewood and is not to be construed as representing a monumented land survey.

Mr. John S. Lambert, PLS 13212

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