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Ordinance 2002-48
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O-2002-48

AN ORDINANCE

AUTHORIZING A NON-EXCLUSIVE WATER LINE EASEMENT ACROSS A PORTION OF CITY OWNED BELMAR PARK LOCATED IN THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 4 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF LAKEWOOD, COUNTY OF JEFFERSON, STATE OF COLORADO.

WHEREAS, is owned by the City of Lakewood; and,

WHEREAS, The Bancroft Cover Water and Sanitation District has requested that the City of Lakewood convey to said district a Non-Exclusive Easement Agreement for underground water line across Belmar Park, which is generally located on the west side of Wadsworth Blvd, south of Ohio Ave and more specifically described in Exhibit A which is attached hereto and incorporated herein by this reference; and

WHEREAS, the Charter of the City of Lakewood provides, in Section 14.3 thereof, that utility easements may be granted across such land, which the City is willing to do.

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 Non-Exclusive Easement Agreement, in form approved by the City Attorney, to the Bancroft Clover Water and Sanitation District across the land described in Exhibit "A" attached hereto and made a part hereof, for underground water line and related appurtenances.

SECTION 2. 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 25th day of November, 2002; published in full in the Lakewood Sentinel on the 28th day of November, 2002; set for public hearing on the 9th day of December, 2002; read, finally passed and adopted by the City Council on the 9th day of December, 2002; and signed and approved by the Mayor on the 10th day of December, 2002.

Stephen A. Burkholder, Mayor

ATTESTED AND CERTIFIED:
Margy Greer, City Clerk


EXHIBIT A

A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER 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:

COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER OF SECTION 14; THENCE, S71°09'11"W A DISTANCE OF 507.63 FEET TO THE TRUE POINT OF BEGINNING; SAID POINT LYING ON THE WESTERLY SIDE OF A 50.00 FOOT WIDE EASEMENT DESCRIBED AT RECEPTION NO. 88115842 OF THE OFFICIAL RECORDS OF THE JEFFERSON COUNTY CLERK AND RECORDER'S OFFICE; THENCE, ALONG SAID WESTERLY LINE S00°01'30"E, A DISTANCE OF 30.00 FEET; THENCE, N90°00'00"W A DISTANCE OF 36.58 FEET; THENCE, S00°08'32"E, A DISTANCE OF 36.65 FEET; THENCE N90°00'00"W A DISTANCE OF 35.03 FEET; THENCE, N00°00'00"E A DISTANCE OF 10.00 FEET; THENCE N90°00'00"E A DISTANCE OF 5.00 FEET; THENCE, N00°08'32"W A DISTANCE OF 56.65 FEET; THENCE, N90°00'00"E A DISTANCE OF 66.64 FEET; TO THE TRUE POINT OF BEGINNING.

SAID PARCEL CONTAINS 3148 SQUARE FEET OR 0.0723 ACRES, MORE OR LESS.

BASIS OF BEARINGS: THE EAST LINE OF THE NORTHWEST QUARTER OF SECTION 14, TOWNSHIP 4 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, BEARING SOODEG01'30"E BETWEEN A FOUND 3-1/4" ALUMINUM CAP IN RANGE BOX STAMPED PLS 17669 AT THE NORTH QUARTER CORNER OF SAID SECTION 14 AND A FOUND NO. 11 REBAR IN A RANGE BOX AT THE CENTER QUARTER OF SAID SECTION 14. ALL BEARINGS CONTAINED HEREON ARE RELATIVE THERETO.

THE FOREGOING LEGAL DESCRIPTION WAS PREPARED BY MICHAEL J. CONNOR, PROPERTY MANAGER FOR THE CITY OF LAKEWOOD BASED UPON A DESCRIPTION PREPARED AND PROVIDED BY ERIC JOHNSON

REVIEWED BY RICHARD NOBBE, P.L.S. FOR AND ON BEHALF OF MARTIN/MARTIN CONSULTING ENGINEERS
4251 KIPLING STREET
WHEAT RIDGE, COLORADO 80033
PROJECT NO. 14523.C.01
OCTOBER 21, 2002