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O-2003-13

AN ORDINANCE

AUTHORIZING AN EASEMENT TO PUBLIC SERVICE COMPANY FOR AN UNDERGROUND GAS LINE AND RELATED FACILITIES FOR THE MAIN GAS LINE LOCATED IN THE HERITAGE CENTER AT BELMAR PARK LOCATED AT 801 SOUTH WADSWORTH BOULEVARD; FURTHER ACCEPTING TWO QUIT CLAIM DEEDS FROM PUBLIC SERVICE COMPANY TO THE CITY OF LAKEWOOD FOR PUBLIC SERVICE COMPANY'S INTEREST IN TWO EXISTING EASEMENTS ACROSS BELMAR PARK, LAKEWOOD, COLORADO.

WHEREAS, Public Service Company has requested that the City of Lakewood convey to Public Service Company an easement for the underground main gas line and related appurtenances to provide gas services to the service line to the existing and future buildings in the Heritage Center at Belmar Park located at 801 South Wadsworth Boulevard across land owned by the City; and

WHEREAS, Public Service will be conveying two Quit Claim Deeds to the City of Lakewood for Public Services' interest in those easements conveyed to Public Service in those easements recorded at Reception Number F1451729 and Reception Number 87054809, of the records of the Jefferson County Clerk and Recorder.

WHEREAS, said land owned by the City was conveyed to the City by Charles M. Stanton on behalf of the May Bonfils Estate and was further accepted by the City; and

WHEREAS, the Charter of the City of Lakewood provides, in Section 14.3 thereof, that utility easements may be granted across property held for open space or parks purposes, 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 an Easement and Right-of-way Agreement, in form approved by the City Attorney, to Public Service Company across the land described in Exhibit "A" attached hereto and made a part hereof, for underground gas line and related appurtenances.

SECTION 2. The City of Lakewood does hereby accept the Quit Claim Deeds from Public Service Company described in Exhibit "B" attached hereto and made a part hereof.

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 April, 2003, published in full in the Lakewood Sentinel on the 1st day of May, 2003; set for public hearing on the 12th day of May, 2003; and signed and approved by the Mayor on the 13 th day of May, 2003.

Stephen A. Burkholder, Mayor

ATTEST:
Margy Greer, City Clerk

Approved as to form:
City Attorney

Exhibit "A"

A parcel of land lying in the Southwest One-quarter (SW¼) of Section 14, Township 4 South, Range 69 West of the Sixth Principal Meridian, City of Lakewood, County of Jefferson, State of Colorado, more particularly described as follows:

A strip of land being ten (10.00) feet in width and being five (5.00) on each side of the following described centerline:

Commencing at the Northeast corner of said SW¼; thence S 00º01'30" E along the East line of said SW¼ (assumed bearing all other bearings hereafter related thereto), a distance of 1,497.38 feet; thence S 89º58'30" W, a distance of 39.99 feet, more or less, to the West right-of-way line of South Wadsworth Boulevard, said point being the True Point of Beginning of the herein described centerline; thence N 89º22'42" W, a distance of 157.08 feet; thence N 89º29'06" W, a distance of 231.31 feet; thence N 89º22'08" W, a distance of 193.55 feet; thence N 81º08'49" W, a distance of 56.99 feet; thence N 68º29'03" W, a distance of 48.45 feet; thence N 63º58'26" W, a distance of 55.48 feet; thence N 20º22'19" W, a distance of 188.27 feet; thence N 77º44'54" W, a distance of 16.72 feet; thence N 39º48'21" W, a distance of 23.41 feet; thence N 44º15'06" E, a distance of 20.54 feet; thence N 34º21'59" W, a distance of 94.41 feet; thence N 18º22'51" W, a distance of 115.72 feet; thence N 04º47'55" W, a distance of 39.32 feet; thence N 37º00'19" E, a distance of 246.83 feet; thence N 54º03'24" E, a distance of 14.56 feet; thence S 88º22'47" E, a distance of 155.89 feet; thence N 71º09'51" E, a distance of 89.96 feet; thence N 87º14'45" E, a distance of 213.12 feet; thence S 88º06'45" E, a distance of 304.39 feet, more or less, to a point on the West right-of-way line of South Wadsworth Boulevard, said West right-of-way line being 30.00 feet West of and parallel to the East line of said SW¼, said last point being the point of terminus of the herein described centerline.

The foregoing legal description was prepared by Ted Van Horn on February 18, 2003, City of Lakewood, Property Management Division, 480 South Allison Parkway, Lakewood, Colorado 80226-3127. This was based on the legal description prepared by John S. Lambert, PLS # 13212, Registered Land Surveyor with Sellards & Griggs, Inc., 390 Union Boulevard. Suite 630, Lakewood, Colorado, 80228, Phone # (303) 986-1444, Job # S&G No. 1994177-25.

A parcel of land lying in the Southwest One-quarter (SW¼) of Section 14, Township 4 South, Range 69 West of the Sixth Principal Meridian, City of Lakewood, County of Jefferson, State of Colorado, more particularly described as follows:

A strip of land being ten (10.00) feet in width and being five (5.00) on each side of the following described centerline :

Commencing at the Northeast corner of said SW¼; thence S 00º01'30" E along the East line of said SW¼ (assumed bearing all other bearings hereafter related thereto), a distance of 1,497.38 feet; thence S 89º58'30" W, a distance of 39.99 feet, more or less, the point of beginning of that centerline description of that easement conveyed to Public Service described in that instrument recorded at Reception Number 87020615, of the records of the Jefferson County Clerk and Recorder; thence continuing along said last centerline the following three courses:

1. N 89º22'42" W, a distance of 157.08 feet;
2. thence N 89º29'06" W, a distance of 231.31 feet;
3. thence N 89º22'08" W, a distance of 193.55 feet to the True Point of Beginning of the herein described centerline of said 10.00 foot strip;

thence N 81º08'49" W, a distance of 56.99 feet; thence N 68º29'03" W, a distance of 48.45 feet; thence N 63º58'26" W, a distance of 55.48 feet; thence N 20º22'19" W, a distance of 214.84 feet; thence N 34º21'59" W, a distance of 108.14 feet; thence N 18º22'51" W, a distance of 115.72 feet; thence N 04º47'55" W, a distance of 39.32 feet; thence N 37º00'19" E, a distance of 246.83 feet; thence N 54º03'24" E, a distance of 14.56 feet; thence S 88º22'47" E, a distance of 155.89 feet; thence N 71º09'51" E, a distance of 89.96 feet; thence N 87º14'45" E, a distance of 213.12 feet; thence S 88º06'45" E, a distance of 304.39 feet, more or less, to a point on the West right-of-way line of South Wadsworth Boulevard, said West right-of-way line being 30.00 feet West of a parallel to the East line of said SW¼, said last point being the point of terminus of the herein described centerline.

A parcel of land lying in the Southwest One-quarter (SW¼) of Section 14, Township 4 South, Range 69 West of the Sixth Principal Meridian, City of Lakewood, County of Jefferson, State of Colorado, more particularly described as follows:

A strip of land being ten (10.00) feet in width and being five (5.00) on each side of the following described centerline:

Commencing at the intersection of the South line of Ohio Avenue and the West line of Wadsworth Boulevard; thence S 00º01'30" E along the West line of Wadsworth Boulevard and parallel to the East line of said SW¼ (assuming the said East line bears thence S 00º01'30" E all other bearings hereafter related thereto), a distance of 631.06 feet; thence S 03º53'00" W along the West line of Wadsworth Boulevard, a distance of 146.59 feet Point of Beginning N 89º22'42" W, a distance of 157.08 feet; thence
N 89º29'06" W, a distance of 231.31 feet; thence N 89º22'08" W, a distance of 193.55 feet; thence along the arc of a curve to the right having a Delta Angle of 90º00'00" and a radius of 162.38 feet, a arc length of 255.07 feet; thence N 00º35'01" E, a distance of 50.00 feet to the point of terminus of the herein described centerline.

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