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O-2004-3

AN ORDINANCE

TO VACATE ALL OF THE 50 FOOT SERVICE ROAD ADJACENT TO LOT 1, BLOCK 1, AS SHOWN ON THE PLAT OF GREEN MOUNTAIN PLAZA FILING NO. 5, THE PLAT OF WHICH IS RECORDED IN PLAT BOOK 62, AT PAGE 13, OF THE RECORDS OF THE JEFFERSON COUNTY CLERK AND RECORDER, THE RIGHT-OF-WAY IS LOCATED ADJACENT TO 12898 WEST ALAMEDA PARKWAY, CITY OF LAKEWOOD, COUNTY OF JEFFERSON, STATE OF COLORADO

WHEREAS, the Service Road was dedicated by the Green Mountain Plaza Filing No. 5, the plat of which was recorded in Plat Book 62, at Page 13; and,

WHEREAS, the Service Road was never built, but a skateboard park was constructed in the 50 foot right-of-way; and,

WHEREAS, no Service Road is planned or needed and there is sufficient right-of-way for West Alameda Parkway, an Easement and Tract for a new skateboard park, to be determined, will be dedicated by plat currently under review.

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, Case No. VA-03-004, 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 Exhibit "A" attached hereto be and the same is hereby vacated.

SECTION 2. The vacation shall not be effective and the ordinance shall not be recorded until the adjacent property owner has submitted the following items to the City:

a. Provide a fully executed mylar plat meeting City of Lakewood requirements for the subdivision plat which will incorporate the frontage road to be vacated.

b. Construction plans for the new skate park approved by the Community Resources Department.

c. Provide a fully executed Public Improvement Agreement, which includes the requirement to construct the replacement skate park.

d. Provide financial security meeting the City of Lakewood requirements for the construction of all public improvements outlined within the Public Improvement Agreement, including the skateboard park.

e. Provide a fully executed license agreement from the developer to the City of Lakewood allowing the existing skate park to remain in its present location until the new skate park has been constructed, inspected and accepted by the City.

SECTION 3. This vacation shall take effect upon recordation of the ordinance.

SECTION 4. Upon final City approval of all requirements listed in Section 3 above, the City Clerk is authorized and directed to record a certified copy of this Ordinance with the Jefferson County Clerk and Recorder. Said recordation shall not occur less than 30 days after final publication of the ordinance.

SECTION 5. 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 9th day of February, 2004; published in full in the Lakewood Sentinel on the 12th day of February, 2004; set for public hearing on the 23rd day of February, 2004; read, finally passed and adopted by the City Council on the 23rd day of February, 2004; and, signed and approved by the Mayor on the 24th day of February, 2004.

Stephen A. Burkholder, Mayor

ATTEST:
Margy Greer, City Clerk

Approved as to form:
City Attorney

A parcel of land lying the Southwest One-Quarter of Section 17, 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:

All of that 50 foot Service Road as shown and platted on the plat of GREEN MOUNTAIN PLAZA FILING NO. 5, the plat of which is recorded in Plat Book 62, at Page 13, of the records of the Jefferson County Clerk and Recorder lying adjacent to Lot 1, Block 1, said GREEN MOUNTAIN PLAZA FILING NO. 5.

The foregoing legal description was prepared by Spencer Curtis on November 25, 2003, City of Lakewood, Property Management Division, 480 South Allison Parkway, Civic Center South, Lakewood, Colorado 80226-3127. This legal description was based on the plat of said GREEN MOUNTAIN PLAZA FILING NO. 5.

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