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AMENDED LEGAL DESCRIPTION
APRIL 3, 2008
O-2008-7
AN ORDINANCE
AUTHORIZING EXECUTION OF AN EASEMENT TO PUBLIC SERVICE COMPANY OF COLORADO FOR UTILITY LINES AND RELATED FACILITIES FOR THE EXISTING UTILITY LINE LOCATED ALONG THE SOUTH PROPERTY LINE OF BELMAR PARK LOCATED AT 801 SOUTH WADSWORTH BOULEVARD, LAKEWOOD, COLORADO
WHEREAS, City Council passed on the 27th day of September, 1976, Ordinance O-76-59 authorizing the City of Lakewood to convey an easement to Public Service Company of Colorado for utility lines and related appurtenances adjacent to the South property line of Belmar Park, and
WHEREAS, the easement was never conveyed to Public Service Company of Colorado even though the utility line was constructed, and
WHEREAS, Public Service Company of Colorado has requested that the City of Lakewood convey to Public Service Company of Colorado an easement for utility line and related appurtenances for the existing utility line adjacent to the South property line of Belmar Park located at 801 South Wadsworth Boulevard which is owned by the City; and
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, Section 14.3 of the Charter of the City of Lakewood provides that utility easements may be granted across property held for open space or parks purposes, and the City Council desires to do so in this instance.
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, in form approved by the City Attorney, to Public Service
Company of Colorado across the land described in Exhibit "A" attached
hereto and made a part hereof, for utility lines and related appurtenances.
SECTION 2. 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 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 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, and being a portion of Tract A, ESTATES AT BELMAR PARK, and also being a portion of a tract of land as described in Book 2588, Page 782, and Reception Number F1103092, all in the official records of the Clerk and Recorder of Jefferson County, described as follows:
Beginning at the Southeast corner of said SW¼; thence N 00º09'44"
W, along the East line of said SW¼ (assuming the South line of said SW¼
bears N 89º24'36" E all other bearings hereafter related thereto),
a distance of 1,327.37 feet, more or less, to the Northeast corner of the South
One-half (S½) of said SW¼; thence S 89º27'45" W along
the North line of said S½ SW¼, a distance of 30.00 feet, more
or less, to the Southeast corner of Tract B, described said Book 2588, at
Page 782, said Southeast corner being the True Point of Beginning; thence
continuing S 89º27'45" W along said North line, said North line being
in common with the South line of said Tract B, a distance of 1,338.12 feet,
more or less, to the Northwest corner of that tract described in said Book 2817,
at Page 463; thence S 00º06'04" E along the East line of said last
tract, a distance of 15.00 feet; thence leaving said East line S 89º27'45"
W along a line parallel with and 15.00 feet southerly of the North line of said
S½ SW¼, a distance of 55.00 feet; thence N 00º06'04"
W, a distance of 15.00 feet, more or less, to said last North line; thence S
89º27'45" W along said last North line, a distance of 306.92 feet;
thence leaving said last North line S 00º32'15" E, a distance of 8.00
feet; thence S 89º27'45" W along a line parallel with and 8.00 southerly
of said last North line, a distance of 50.00 feet; thence N 00º32'15"
W, a distance of 16.00 feet; thence N 89º27'45" E along a line parallel
with and 8.00 feet northerly of said last North line, a distance of 356.93 feet;
thence N 00º06'04" W, a distance of 7.00 feet; thence N 89º27'45"
E along a line parallel with and 15.00 feet northerly of said last North line,
a distance of 60.22 feet, more or less, to the West line of that tract described
in said Book 21798, at Page 947; thence S 00º05'39" E along the West
line of said last tract, a distance of 7.00 feet; thence N 89º27'45"
E along a line parallel with and 8.00 feet northerly of said last North line,
a distance of 1,332.91 feet, more or less, to a point that is 30.00 feet westerly
of and measured perpendicular to the East line of said SW¼; thence S
00º09'44" E along a line being parallel with and 30.00 feet westerly
of the East line of said SW¼, said last parallel line being in common
with East line of said Tract B, a distance of 8.00 feet, more or less, to
the True Point of Beginning. The above described parcel contains an area of
15,650 square feet, more or less.
The foregoing legal description was prepared by Ted Van Horn on March 12, 2008,
City of Lakewood, Property Management Division, 480 South Allison Parkway, Lakewood,
Colorado 80226-3127. This was based on the legal description prepared by John
P. McGuire, P.L.S # 28279, Registered Land Surveyor with SEH, Inc., 390 Union
Boulevard. Suite 630, Lakewood, Colorado, 80228, Phone # (303) 986-1444, Job
# SEH No. APSCOCO708.00-55.for Public Service Company of Colorado, and is not
to be construed as representing a monumented land survey
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