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ORDINANCE TO VACATE THE 8TH AVENUE RIGHT-OF-WAY EAST OF INDIANA STREET AND
WEST OF GLADIOLA STREET LOCATED IN THE SOUTHWEST ONE-QUARTER OF SECTION 6, TOWNSHIP
4 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF LAKEWOOD, COUNTY
OF JEFFERSON, STATE OF COLORADO.
Whereas, it is determined necessary and appropriate to vacate a portion of West
8TH Avenue commencing at the intersection of Indiana Avenue and West 8TH Avenue,
thence east to the intersection of Gladiola Street in order to permit the assemblage
of properties for the development of a large single parcel adjacent to Indiana
Street; and
Whereas, it is hereby determined said portion of West 8TH Avenue is no longer necessary as a public street and the realignment of the connection between West 7TH Avenue, Fig Street and West 8TH Avenue will accommodate traffic circulation; and
Whereas, due to the fact that the portion of West 8TH Avenue proposed to be vacated constitutes the boundary line between the City of Lakewood and unincorporated Jefferson County said vacation can only be accomplished by joint approval by the Jefferson County Board of county Commissioners and the City of Lakewood.
NOW THERFORE, 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, 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 the legal description attached hereto as Exhibit A which is incorporated
herein by reference 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 vacation of the property described in Exhibit A is conditioned upon and shall not be effective until the following actions have been completed:
A) The realignment of the connection between West 7TH Avenue, Fig Street and
West 8TH Avenue has been constructed and accepted by the City.
B) The approval by the Board of County Commissioners of Jefferson County of
the vacation of that portion of West 8TH Avenue described in Exhibit A. A certified
copy of the resolution approving said vacation is filed with the City Clerk
of the City of Lakewood.
C) The owners of the property immediately adjacent to that portion of West 8TH
Avenue that is to be vacated, shall obtain approval of a final plat from the
City of all the properties adjacent to that portion of West 8TH Avenue that
is to be vacated. Said final plat will include the vacated portion of West 8TH
Avenue.
SECTION 3. The City Clerk is hereby directed to record a certified copy of this ordinance with the Clerk and Recorder of Jefferson County, Colorado when all three conditions outlined in Section 2 are satisfied.
SECTION 4. 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 10th day of June, 2002; published in full in the Jefferson Sentinel on the 13th day of June, 2002; set for public hearing on the ____day of June 2002; read, finally passed and adopted by the City Council on the ____ day of June, 2002; and signed and approved by the Mayor on the ____, day of June, 2002.
Stephen A. Burkholder, Mayor
ATTESTED AND CERTIFIED:
Margy Greer, City Clerk
Approved as to form:
City Attorney
Exhibit A
Legal Description
Vacation of West 8th Avenue, Lying East of Indiana Street to Gladiola Street
A parcel of land being a portion of West 8th Avenue as currently recognized,
occupied and used for public right-of-way and said parcel lying in the Southwest
One-quarter of Section 6, Township 4 South, Range 69 West of the Sixth Principal
Meridian, City of Lakewood, County of Jefferson, State of Colorado, and being
more particularly described as follows:
The Basis of Bearings for the below described parcel is the West line of said
Southwest One-quarter of Section 6 being assumed to bear N 00°08'27"
W and all bearings related thereto.
Commencing at the Southwest corner of said Southwest One-quarter of Section
6; thence N 00°08'27" W along the West line of said Southwest One-quarter,
a distance of 1321.80 feet to a point lying on the North line of the South One-half
of said Southwest One-quarter; thence N 89°59'17" E along said North
line, a distance of 76.50 feet to the True Point of Beginning; thence continuing
N 89°59'17" E along said North line, a distance of 814.84 feet to a
point of intersection of said North line with the northerly extension of the
West right-of-way line of Gladiola Street as described by that instrument recorded
on June 14, 1955 in Book 929, at Page 243 of the records of the Jefferson County
Clerk and Recorder; thence S 00°12'17" E along said northerly extension
of the West right-of-way line, a distance of 30.00 feet to a point lying on
the northerly line of that tract of land described by the instrument recorded
on November 8, 1996 under Reception Number F0327516 of said County records;
thence S 89°59'17" W along said northerly line which is parallel with
said North line of the South One-half of the Southwest One-quarter, a distance
of 131.03 feet to a point lying on the easterly line of that tract of land described
by the instrument recorded on June 13, 2000 under Reception Number F 1070341
of said County records; thence northerly, westerly and southerly along the lines
of said tract at Reception Number F1070341 the following three courses:
1.) Thence N 00°10'50" W, a distance of 5.00 feet;
2.) Thence S 89°59'17" W parallel with said North line of the South
One-half of the Southwest One-quarter, a distance of 203.05 feet;
3.) Thence S 00°08'27" E along a line parallel with said West line
of the Southwest One-quarter, a distance of 5.00 feet to a point lying on the
northerly line
of that tract of land described by the instrument recorded under Reception Number
92111649 of said County records; thence S 89°59'17" W along the northerly
lines of said tract at Reception Number 92111649, and that tract of land described
by the instrument recorded on December 20, 1985 under Reception Number 85123480
of said County records, and that tract of land described by the instrument recorded
on February 24, 1951 in Book 2705, at Page 146 of said County records, a distance
of 480.80 feet to a point lying easterly as measured at right angles, a distance
of 76.50 feet from said West line of the Southwest One-quarter; thence N 00°08'27"
W and parallel with said West line of the Southwest One-quarter, a distance
of 30.00 feet the True Point of Beginning, and said parcel containing an area
of 23,430 square feet, or 0.538 acre, more or less.
The foregoing legal description was prepared on 21 May 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 David C. DiFulvio, Professional Land Surveyor,
for and on behalf of Farnsworth Group, Inc. / 2696 South Colorado Boulevard
/ Suite 250 / Denver, Colorado 80222 / 303-692-0470.
Vicinity Map for Case VA-02-002
a) Vacation of a portion ROW of 8TH Avenue east of Indiana Street and west of Gladiola Street.
AGENDA
CITY
COUNCIL MEETING
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