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Ordinance O-2008-13
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O-2008-13

AN ORDINANCE

TO VACATE CUL-DE-SAC EYEBROW IN WEST ALAMEDA PLACE RIGHT-OF-WAY LOCATED WEST OF SOUTH HOYT STREET SOUTH OF WEST ALAMEDA AVENUE, LAKEWOOD, COLORADO

WHEREAS, the cul-de-sac eyebrow in West Alameda Place right-of-way West of South Hoyt Street was dedicated and shown by the plat of ALAMEDA HOMES - THIRD FILING, of the records of the Jefferson County Clerk and Recorder's office; and

WHEREAS, said cul-de-sac eyebrow has never been built or used as right-of-way and the residence at 9582 West Alameda Place has constructed a house located in a portion of said cul-de-sac eyebrow and the existing public improvements were built as though the cul-de-sac eyebrow did not exist, and

WHEREAS, the new subdivision MILESTONE SUBDIVISION, approved by City Council on October 15, 2007 allows West Alameda Place to be extended westerly eliminating the need for a turn around at this location.

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-07-004, and upon a finding 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 land described in Exhibit "A" and shown in Exhibit "B" attached hereto and made a part hereof, be and the same is hereby vacated.

SECTION 2. This ordinance shall take effect thirty (30) days after final publication.

SECTION 3. The Lakewood City Clerk will record a certified copy of this ordinance including exhibits "A" & "B" at the Jefferson County Clerk and Recorders office.

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 June, 2008; published by title in the Rocky Mountain News and on the City of Lakewood's website, www.lakewood.org., on the 12th day of June, 2008; set for public hearing on the 23rd day of June, 2008; read, finally passed and adopted by the City Council on the 23rd day of June, 2008, and signed, and approved by the Mayor on the 24th day of June, 2008.

Bob Murphy, Mayor

ATTEST:
Margy Greer, City Clerk

APPROVED AS TO FORM:
Tim Cox, City Attorney

Exhibit "A"

A parcel of land being that dedicated cul-de-sac eyebrow adjacent to Lots 4 and 5, Block 2, as shown and platted on the plat of ALAMEDA HOMES - THIRD FILING, the plat of which is recorded in Plat Book 25, at Page 52, of the records of the Jefferson County Clerk and Recorder, further lying in the Northwest One-quarter (NW¼) of Section 15, Township 4 South, Range 69 West of the Sixth Principal Meridian, City of Lakewood, County of Jefferson, State of Colorado, more particularly described as follows:

Commencing at the Northeast corner of said Lot 4; thence S 89°38'30" W along the North line of said Lot 4 (Basis of Bearing: Based on said plat of ALAMEDA HOMES - THIRD FILING, all bearing hereafter related thereto), a distance of 51.15 feet, more or less, to a platted corner of said Lot 4, said platted corner being in common with the easterly platted point of curvature of said cul-de-sac eyebrow and the Point of Beginning; thence continuing S 89°38'30" W along the westerly extended North line of said Lot 4, a distance of 84.85 feet, more or less, to a platted point of non-tangent curve, said last point being in common with the Northwest corner of said Lot 5; thence southeasterly along the arc of said platted non-tangent curve, said arc being in common with the North line of said Lot 5 and a westerly line of said Lot 4 said non-tangent curve being to the left and having a radius of 45.00 feet, a central angle of 141°3'21" (the long chord of which bears N 89°38'30" E, a chord length of 84.85 feet), an arc distance of 110.79 feet, more or less, to the Point of Beginning, said parcel containing an area of 1856.14 square feet, more or less, reserving easements for any pedestrian, utility or traffic control device facilities, if any.

The foregoing legal description was prepared by Spencer Curtis on November 7, 2007, City of Lakewood, Property Management Division, 480 South Allison Parkway, Civic Center South, Lakewood, Colorado 80226-3127. This was based on the recorded plat of said ALAMEDA HOMES - THIRD FILING.