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O-2003-23

AN ORDINANCE

VACATING ALL OF SOUTH REED STREET AND SOUTH REED COURT RIGHT-OF-WAY LYING BETWEEN WEST ALASKA DRIVE AND WEST VIRGINIA PLACE AS PLATTED IN THE VILLA ITALIA SHOPPING CENTER SUBDIVISION FILING NO. 2 LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 14, TOWNSHIP 4 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF LAKEWOOD, COUNTY OF JEFFERSON, STATE OF COLORADO

WHEREAS, South Reed Street and South Reed Court were dedicated as part of Villa Italia Shopping Center Subdivision Filing No. 2, the plat of which is recorded in Plat Book 169 at Page 49-51; and,

WHEREAS, the public improvements for said intersection were never constructed and are not in use; and,

WHEREAS, additional right-of-way is needed for the alley in Block 15 of said Subdivision which will be taken by adjusting the width of these two rights-of-way.

NOW, THEREFORE 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 be and the same 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. This Ordinance shall take effect thirty (30) days after final publication.

SECTION 3. The City Clerk is herby instructed to record a certified copy of this Ordinance in the records of the Jefferson County Clerk and Recorder.

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 11th day of August, 2003; published in full in the Lakewood Sentinel on the 14th, day of August, 2003; set for public hearing on the 25th day of August, 2003; read, finally passed and adopted by the City Council on the 25th day of August, 2003; and signed and approved by the Mayor on the 26th day of August, 2003.

Stephen A. Burkholder, Mayor

ATTEST:
Margy Greer, City Clerk

Approved as to form:
City Attorney

EXHIBIT A

Legal Description For the Vacation of South Reed Street

A parcel of land being all of South Reed Street as shown and dedicated by the plat of VILLA ITALIA SHOPPING CENTER SUBDIVISION FILING NO. 2, as recorded in Plat Book 169, at Pages 49 thru 51, inclusive, of the records of the Jefferson County Clerk and Recorder and further lying within the Northeast One-quarter (NE¼) of Section 14, 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:

Basis of Bearings: The North line of said NE¼ of Section 14 which is assumed to bear N 89E42'42" W, a distance of 2649.11 feet between the monuments at both ends as shown on the plat of said VILLA ITALIA SHOPPING CENTER SUBDIVISION FILING NO. 2 being the Northeast Corner, a found 12" rebar with a 2½" rebar and aluminum cap stamped - LS 23670 - in a range box per monument record dated 17 July 1997, and the Northwest Corner, a found aluminum pipe on an aluminum cap in a range box per monument record dated 23 March 1987, and all bearings herein related thereto.

Beginning at the Northwest corner of Block 16, said VILLA ITALIA SHOPPING CENTER SUBDIVISION FILING NO. 2, and from whence the Northeast corner of said Section 14 bears N 35E28'51" E, a distance of 936.08 feet; thence S 00E00'00" W along the West line of said Block 16, a distance of 515.90 feet to a point being the Southwest corner of said Block 16; thence N 90E00'00" W, a distance of 58.00 feet to a point being the Southeast corner of Block 15, said VILLA ITALIA SHOPPING CENTER SUBDIVISION FILING NO. 2; thence N 00E00'00' E along the East line of said Block 15, a distance of 515.90 feet to a point being the Northeast corner of said Block 15; thence S 90E00'00" E, a distance of 58.00 feet to the point of beginning and said parcel containing an area of 29,922 square feet or, 0.687 acre, more or less.

The foregoing legal description was prepared on 8 July 2003, 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 Bob Thomas, for and on behalf of MNA, Inc. / 4521 East Virginia Avenue / Denver, Colorado 80246 / 303-377-6601

Legal Description For the Vacation of South Reed Court

A parcel of land being all of South Reed Court as shown and dedicated by the plat of VILLA ITALIA SHOPPING CENTER SUBDIVISION FILING NO. 2, as recorded in Plat Book 169, at Pages 49 thru 51, inclusive, of the records of the Jefferson County Clerk and Recorder and further lying within the Northeast One-quarter (NE¼) of Section 14, 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:

Basis of Bearings: The North line of said NE¼ of Section 14 which is assumed to bear N 89E42'42" W, a distance of 2649.11 feet between the monuments at both ends as shown on the plat of said VILLA ITALIA SHOPPING CENTER SUBDIVISION FILING NO. 2 being the Northeast Corner, a found 12" rebar with a 2½" rebar and aluminum cap stamped - LS 23670 - in a range box per monument record dated 17 July 1997, and the Northwest Corner, a found aluminum pipe on an aluminum cap in a range box per monument record dated 23 March 1987, and all bearings herein related thereto.

Beginning at the Northwest corner of Block 17, said VILLA ITALIA SHOPPING CENTER SUBDIVISION FILING NO. 2, and from whence the Northeast corner of said Section 14 bears N 25E14'21" E, a distance of 842.71 feet; thence S 00E00'00" W along the West line of said Block 17, a distance of 515.90 feet to a point being the Southwest corner of said Block 17; thence N 90E00'00" W, a distance of 58.00 feet to a point being the Southeast corner of Block 16, said VILLA ITALIA SHOPPING CENTER SUBDIVISION FILING NO. 2; thence N 00E00'00' E along the East line of said Block 16, a distance of 515.90 feet to a point being the Northeast corner of said Block 16; thence S 90E00'00" E, a distance of 58.00 feet to the point of beginning and said parcel containing an area of 29,922 square feet or, 0.687 acre, more or less.

The foregoing legal description was prepared on 8 July 2003, 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 Bob Thomas, for and on behalf of MNA, Inc. / 4521 East Virginia Avenue / Denver, Colorado 80246 / 303-377-6601

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