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Ordinance O-2008-16
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O-2008-16

AN ORDINANCE

TO VACATE A 15 FOOT WIDE SANITARY SEWER EASEMENT CONVEYED TO THE CITY OF LAKEWOOD ACROSS THE LAKEWOOD HIGH SCHOOL PROPERTY LOCATED AT 9700 WEST 8TH AVENUE, LAKEWOOD, COLORADO.

WHEREAS, a sanitary sewer line easement was conveyed to the City of Lakewood recorded at Reception Number F1679121, of the records of the Jefferson County Clerk and Recorder, across the Lakewood High School property located at 9700 West 8th Avenue; and

WHEREAS, said easement is no longer necessary as a result of the relocation of the sanitary sewer line due to the remodeling of the High School.

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-08-002, 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 land described in Exhibit "A" 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 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 23rd 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 26th day of June, 2008; set for public hearing on the 14th day of July, 2008; read, finally passed and adopted by the City Council on the 14th day of July, 2008, and signed, and approved by the Mayor on the 15th day of July, 2008.

Bob Murphy, Mayor

ATTEST:
Margy Greer, City Clerk

APPROVED AS TO FORM:
Tim Cox, City Attorney

Exhibit "A"

Those two parcels described in that easement conveyed to the City of Lakewood described in that instrument recorded at Reception Number F1679121, in the records of the Jefferson County Clerk and Recorder and lying within five separate tracts of lands conveyed to the School District R-1, County of Jefferson, State of Colorado described in those Warranty Deeds recorded in Book 793, at Page 125, Book 783, at Page 365, Book 875, at Page 187, Book 964, at Page 269, and described in that Executor's Deed recorded in Book 793, at Pages 128 and 129, all in the records of the Jefferson County Clerk and Recorder, said two parcels also lying in the Southwest One-quarter (SW¼) of Section 3, 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:

Parcel 1

A parcel of land being 15.00 feet in width and lying 7.5 feet on each side of the following described centerline:

Commencing at the Southwest corner of said SW ¼; thence N 26º20'21" E (assuming the West line of said SW¼ bears N 00º05'03" E all other bearing hereafter related thereto), a distance of 750.69 feet, more or less, to a point on the West line of that tract described in said Book 793, at Page 125, said point being 7.5 feet northerly along said last West line from the Southwest corner of said tract and also being the Point of Beginning of the herein described centerline; thence departing said last West line N 89º13'51" E along a line parallel with the South line of said tract and the South line extended easterly, a distance of 336.17 feet; thence N 62º33'57" E, a distance of 288.52 feet; thence S 67º33'40" E, a distance of 95.90 feet; thence N 66º18'10" E, a distance of 101.25 feet to a point, said point being referred hereafter as Point "A"; thence continuing N 66º18'10" E, a distance of 1.70 feet; thence N 40º09'32" E, a distance of 98.98 feet; thence N 89º11'04" E, a distance of 132.41 feet, more or less, to a point on the East line of that tract described in said Book 964, at Page 269, said last point also being the point of terminus of the herein described centerline, whence the Southwest corner of said SW¼ bears S 55º37'11" W, a distance of 1,580.53 feet from said last point. The above described Parcel 1 contains an area of 15,824 square feet or 0.3633 acre, more or less. This is not intended to vacate any portion of those easements conveyed to the City of Lakewood described in those instruments recorded at Reception Number 2007032676, and Reception Number 2007032677 of said records.

Parcel 2

A parcel of land being 15.00 feet in width and lying 7.5 feet on each side of the following described centerline:

Commencing at Point "A" as defined in the above described Parcel 1; thence S 00º27'27" W (assuming the West line of said SW¼ bears N 00º05'03" E all other bearing hereafter related thereto), a distance of 8.22 feet, more or less, to point on the southerly line of the above described Parcel 1, said point being the Point of Beginning of the herein described centerline; thence continuing S 00º27'27" W, a distance of 82.40 feet, more or less, to a point on the South line of that tract described in said Book 875, at Page 187. The above described Parcel 2 contains an area of 1,236 square feet or 0.0284 acre, more or less. This is not intended to vacate any portion of those easements conveyed to the City of Lakewood described in those instruments recorded at Reception Number 2007032676, and Reception Number 2007032677, of said records.

The sidelines of the above described Parcels are lengthened or shortened to terminate on the East line of that tract described in said Book 964, at Page 269, on the East end and the West line of that tract described in said Book 793, at Page 125 on the West end and at all angle points in the centerline to eliminate any gaps or overlaps in said Parcels.

The foregoing legal descriptions were prepared by Ted Van Horn on June 11, 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 in that easement conveyed to the City of Lakewood described in that instrument recorded at said Reception Number F1679121.