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O-2008-17

AN ORDINANCE

TO VACATE A 16 FOOT WIDE SANITARY SEWER EASEMENT BETWEEN GARRISON STREET AND INDEPENDENCE STREET NORTH OF WEST 9TH AVENUE, LAKEWOOD, COLORADO.

WHEREAS, a sanitary sewer line easement was conveyed to the South Lakewood Sanitation District, of which the City of Lakewood is the successor, in Book 865, at Pages 316 and 317, of the records of the Jefferson County Clerk and Recorder between Garrison Street and Independence Street which is shown on the plat of ALEXANDER SUBDIVISION, of said records; and

WHEREAS, said easement is no longer necessary as a result of the abandonment and removal of the sewer line.

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-08-003, 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"

A parcel of land 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:

All of that easement conveyed to South Lakewood Sanitation District described in that instrument recorded in Book 865, at Pages 316 and 317, of the records of the Jefferson County Clerk and Recorder being more particularly described as follows:

An easement or right-of-way being sixteen feet wide, lying eight feet each side of a center line described as Beginning at a point in Garrison Street 12.00 feet West and 240 feet North of the Sixteenth corner common to the Southwest One-quarter and the Southeast One-quarter of said Section 3; thence N 50º15' W, a distance of 285 feet; thence N 76º W, a distance of 348 feet; thence N 55º30' W, a distance of 560 feet; thence N 67º W, a distance of 330 feet, more or less, to a point on the North-South Centerline, of the West One-half of said Section 3, the Center line, extended South, of Independence Street, and 375 feet South of the East-West Center line of the aforesaid Section 3.

The foregoing legal description was prepared by Ted Van Horn on June 11, 2008, City of Lakewood, Property Management Division, 480 South Allison Parkway, Lakewood, Colorado 80226-3127. This was based on that easement conveyed to South Lakewood Sanitation District described in said Book 865, at Pages 316 and 317.

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