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O-2004-16

AN ORDINANCE

ANNEXING CERTAIN UNINCORPORATED LANDS IN A PORTION OF THE NORTHWEST ONE-QUARTER OF SECTION 1, AND A PORTION OF THE NORTHEAST ONE-QUARTER OF SECTION 2, TOWNSHIP 5 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO (COLORADO ACADEMY).

WHEREAS, the City Council of the City of Lakewood, Colorado, has found a Petition for Annexation of a certain parcel of land as described in Exhibit A to be in substantial compliance with Section 31-12-107(1), Colorado Revised Statutes; and

WHEREAS, after notice pursuant to Section 31-12-108, Colorado Revised Statutes, the City Council has held a public hearing on the proposed annexation to determine if the annexation complies with Sections 31-12-104 and 31-12-105, Colorado Revised Statutes; and

WHEREAS, the City Council has by Resolution determined that the requirements of Sections 31-12-104 and 31-12-105, Colorado Revised Statutes, have been met, that an election is not required, and that no additional terms or conditions are to be imposed on the annexed area.

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Lakewood, Colorado, that:

SECTION 1. The annexation of the territory located in the County of Jefferson, State of Colorado, to the City of Lakewood, Colorado, described in Exhibit A attached hereto and incorporated herein by reference, be and the same is hereby ordained and approved and said territory is hereby incorporated in and made a part of the City of Lakewood, Colorado.

SECTION 2. The Petition for Annexation contained a request for zoning concurrent with annexation, and this Ordinance annexing said territory is expressly made subject to and conditioned upon the granting of said zoning, as requested.

SECTION 3. The City Council approves the Annexation Agreement and the Mayor is hereby authorized to execute, and the City Clerk to attest, in form approved by the City Attorney, the Annexation Agreement pertaining to the property owned by the Petitioners.

SECTION 4. The annexation of such territory to the City of Lakewood, Colorado, shall be complete and effective on the effective date of this Ordinance, except for the purpose of general property taxes and shall be effective as to general property taxes on and after the first day of January, A.D., 2005.

SECTION 5. The City Clerk is hereby authorized and directed to perform all statutory duties required to complete said annexation.

SECTION 6. 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 May, 2004, published in full in the Lakewood Sentinel on the 13th day of May, 2004; set for public hearing on the 24th day of May, 2004; and signed and approved by the Mayor on the 25th day of May, 2004.

Stephen A. Burkholder, Mayor

ATTEST:
Margy Greer, City Clerk

Approved as to form:
City Attorney

EXHIBIT A

LEGAL DESCRIPTION OF
COLORADO ACADEMY ANNEXATION MAP OF PROPERTY TO BE ANNEXED:

ANNEXATION DESCRIPTION:

A PARCEL OF LAND LYING IN A PORTION OF THE NORTHWEST ONE-QUARTER (NW1/4) OF SECTION 1 AND A PORTION OF THE NORTHEAST ONE-QUARTER (NE1/4) OF SECTION 2, TOWNSHIP 5 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE SOUTHWEST CORNER OF SAID NORTHWEST ONE-QUARTER;

THENCE S89°16'34"W, ALONG THE SOUTH LINE OF SAID NORTHEAST ONE-QUARTER, SAID LINE ALSO BEING IN COMMON WITH THE CITY AND COUNTY OF DENVER INCORPORATION BOUNDARY AS DESCRIBED ON THAT ANNEXATION MAP LABELED PINEHURST ANNEXATION, APPROVED BY ORDINANCE 462 OF THE SERIES OF 1969, AND FOUND IN BOOK 26, AT PAGE 46, IN THE RECORDS OF THE CITY AND COUNTY OF DENVER CLERK AND RECORDER (DENVER RECORDS), A DISTANCE OF 30.00 FEET TO A POINT LYING ON THE INCORPORATION BOUNDARY OF THE CITY OF LAKEWOOD AS DESCRIBED ON THAT ANNEXATION MAP LABELED NEWTON-HILLYARD, TRANSAMERICA TITLE CO. #2, APPROVED BY ORDINANCE O-72-105 AND RECORDED IN PLAT BOOK 40, AT PAGE 54, OF THE RECORDS OF THE JEFFERSON COUNTY CLERK AND RECORDER (JEFFERSON RECORDS);

THENCE N00°00'30"E ALONG SAID CITY OF LAKEWOOD INCORPORATION BOUNDARY, A DISTANCE OF 2,322.34 FEET TO THE SOUTHEAST CORNER OF THAT TRACT OF LAND FOR WEST HAMPDEN AVENUE RIGHT-OF-WAY TO THE COLORADO STATE HIGHWAY DEPARTMENT BY THAT INSTRUMENT RECORDED IN BOOK 1582, AT PAGE 378, OF SAID JEFFERSON RECORDS;

THENCE DEPARTING SAID CITY OF LAKEWOOD INCORPORATION BOUNDARY N89°18'57"E, A DISTANCE OF 55.00 FEET, MORE OR LESS, TO THE EAST RIGHT-OF-WAY LINE OF SOUTH PIERCE STREET;

THENCE S00°00'30"W ALONG SAID EAST RIGHT-OF-WAY LINE OF SOUTH PIERCE STREET, A DISTANCE OF 64.97 FEET, MORE OR LESS, TO THE NORTH BOUNDARY LINE OF ACADEMY POINTE THE PLAT OF WHICH IS RECORDED IN PLAT BOOK 81, AT PAGE 51, OF SAID JEFFERSON RECORDS;

THENCE N89°20'40"E ALONG SAID NORTH BOUNDARY LINE, A DISTANCE OF 5.00 FEET, MORE OR LESS, TO THE EAST RIGHT-OF-WAY LINE OF SOUTH PIERCE STREET AS SHOWN AND DEDICATED BY SAID ACADEMY POINTE;

THENCE S00°00'30"W ALONG SAID EAST RIGHT-OF-WAY LINE, A DISTANCE OF 603.64 FEET, MORE OR LESS, TO THE SOUTH BOUNDARY LINE OF SAID ACADEMY POINTE;

THENCE S89°20'40"W ALONG SAID SOUTH BOUNDARY LINE, A DISTANCE OF 5.00 FEET;

THENCE LEAVING SAID SOUTH BOUNDARY LINE S00°00'30"W, A DISTANCE OF 332.57 FEET, MORE OR LESS, TO THE NORTH LINE OF THE SOUTH ONE-HALF OF SAID NW 1/4;

THENCE N89°21'06"E ALONG THE LAST SAID NORTH LINE SAID LINE ALSO BEING IN COMMON WITH THE WESTERLY EXTENDED SOUTH LINE AND THE SOUTH LINE AND EASTERLY EXTENDED SOUTH LINE OF THAT CITY AND COUNTY OF DENVER INCORPORATION BOUNDARY AS DESCRIBED ON THAT ANNEXATION MAP LABELED CAVALIER ANNEXATION, APPROVED BY ORDINANCE 526 OF THE SERIES OF 1971, AND FOUND IN BOOK 26, AT PAGE 100, OF SAID DENVER RECORDS, A DISTANCE OF 2,451.23 FEET, MORE OR LESS, TO THE NORTHEAST CORNER OF THAT PROPERTY DESCRIBED IN BOOK 816, AT PAGE 117, OF SAID JEFFERSON RECORDS, SAID POINT ALSO BEING THE NORTHWEST CORNER OF THAT CITY AND COUNTY OF DENVER INCORPORATION BOUNDARY AS DESCRIBED ON THAT ANNEXATION MAP LABELED BEAR VALLEY HEIGHTS NO. 2 ANNEXATION, APPROVED BY ORDINANCE 11 OF THE SERIES OF 1967, AND FOUND IN BOOK 25, AT PAGE 100, OF SAID DENVER RECORDS;

THENCE S00°01'45"E ALONG SAID LINE DESCRIBED IN BOOK 816, AT PAGE 117, AND SAID BEAR VALLEY HEIGHTS NO. 2 ANNEXATION, A DISTANCE OF 1,321.51 FEET, MORE OR LESS, TO THE SOUTHEAST CORNER OF SAID PARCEL DESCRIBED IN SAID BOOK 816, AT PAGE 117, SAID LAST SOUTHEAST CORNER BEING IN COMMON WITH THE SOUTHWEST CORNER OF SAID BEAR VALLEY HEIGHTS NO. 2 ANNEXATION;

THENCE S89°21'37"W ALONG THE SOUTH LINE OF THAT PARCEL DESCRIBED IN SAID BOOK 816, AT PAGE 117, SAID SOUTH LINE BEING IN COMMON WITH THE NORTH LINE OF SAID PINEHURST ANNEXATION AND THE SOUTH LINE OF SAID LAST PARCEL EXTENDED WESTERLY, A DISTANCE OF 2,477.09 FEET, MORE OR LESS, TO THE POINT OF BEGINNING, SAID PARCEL CONTAINING AN AREA OF 77.36 ACRES, MORE OR LESS.

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