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O-2008-5
AN ORDINANCE
AUTHORIZING CONVEYANCE OF AN EASEMENT FOR UNDERGROUND WATER LINE AND RELATED APPURTENANCES ACROSS RAY W. ROSS PARK TO BANCROFT CLOVER WATER AND SANITATION DISTRICT, LAKEWOOD, COLORADO, AND FURTHER DECLARING AN EMERGENCY
WHEREAS, Bancroft Clover Water and Sanitation District has requested that the City of Lakewood convey to said District an easement for an underground water line and related appurtenances across land owned by the City; and
WHEREAS, said land owned by the City was conveyed to the City by Foothills Parks and Recreation District for open space purposes and was further accepted by the City for said purposes; and
WHEREAS, Section 14.3 of the Charter of the City of Lakewood provides that utility easements may be granted across Park land, and the City Council desires to do so in this instance; and
WHEREAS, the City Council finds that immediate passage of this ordinance is necessary to protect the health, safety and welfare of the residence of the City because delay in completing the utility work allowed by the easements would interfere with the City's scheduled reconstruction of Ray W. Ross Park.
NOW, THEREFORE 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 for a water line, in form approved by the City Attorney, to 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 is necessary for the immediate preservation of the
public peace, health and safety of the City of Lakewood because delay in completing
the utility work allowed by the easements would interfere with the City's scheduled
reconstruction of Ray W. Ross Park.
SECTION 3. This Emergency Ordinance shall take effect immediately upon the Mayor's
signature.
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 24th day of March, 2008; published by title in the Rocky Mountain News and on the City of Lakewood's website, www.lakewood.org., on the 27th day of March, 2008; set for public hearing on the 14th day of April, 2008; read, finally passed and adopted by the City Council on the 14th day of April, 2008, and signed, and approved by the Mayor on the 15th day of April, 2008.
Bob Murphy, Mayor
ATTEST:
Margy Greer, City Clerk
APPROVED AS TO FORM:
Tim Cox, City Attorney
Exhibit "A"
A parcel of land lying in the Southeast One-quarter (SE¼) of Section 13, Township 4 South, Range 69 West of the Sixth Principal Meridian, City of Lakewood, County of Jefferson, State of Colorado, and further lying in Lots 7 and 8, JEFFERSON GARDENS, the plat of which is recorded in Plat Book 1, at Page 32A, at Reception Number 08919705, of the records of the Jefferson County Clerk and Recorder, more particularly described as follows:
Commencing at the Northwest corner of said SE¼; thence S 00º14'14" E (assuming the West line of said SE¼ bears S 00º14'14" E between the Northwest corner of said SE¼, being a 3 ¼" Aluminum Cap, LS# 13528 and the Southwest corner of said SE¼, being a 2 ½" Aluminum Cap, LS# 13528, all other bearings hereafter related thereto) along said West line, said West line being in common with the West line of said Lot 8, a distance of 200.74 feet to the True Point of Beginning; thence departing said West line N 88º59'37" E, a distance of 131.92 feet; thence S 68º30'50" E, a distance of 35.72 feet; thence S 79º45'49" E, a distance of 70.42 feet; thence N 88º59'11" E, a distance of 77.87 feet; thence S 46º00'49" E, a distance of 20.14 feet; thence N 89º05'39" E, a distance of 219.54 feet, more or less, to the West line of that Bancroft Clover Water and Sanitation District easement described in that instrument recorded at Reception Number F1310833, of said records; thence S 00º54'16" E along said last West line, a distance of 30.00 feet, more or less, to the northerly boundary line of LEVY SUBDIVISION FILING NO. 3, the plat of which is recorded in Plat Book 156, at Page 63, at Reception Number F1125483, of said records; thence S 89º05'39" W along said northerly boundary line, a distance of 231.93 feet; thence departing said northerly boundary line N 46º00'49" W, a distance of 20.11 feet; thence S 88º59'11" W, a distance of 68.40 feet; thence N 79º45'49" W, a distance of 76.33 feet; thence N 68º30'50" W, a distance of 32.71 feet; thence S 88º59'37" W, a distance of 126.36 feet, more or less, to the West line of said SE¼; thence N 00º14'14" W along said last West line, a distance of 30.00 feet, more or less, to the True Point of Beginning, the above described parcel contains an area of 16,672 square feet, more or less.
The foregoing legal description was prepared by Ted Van Horn on March 13, 2008, City of Lakewood, Property Management Division, 480 South Allison Parkway, Civic Center South, Lakewood, Colorado 80226-3127. This was based on the legal description prepared by DuWayne M. Phillips, LS # 9329, Registered Land Surveyor with Merrick and Company, 2450 South Peoria Street, Aurora, Colorado, 80014, Phone # (303) 751-0741, Job # 0301412220
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