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Ordinance O-2008-21
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O-2008-21

AN ORDINANCE

TO VACATE A 16 FOOT WIDE SANITARY SEWER EASEMENT CONVEYED TO THE SOUTH LAKEWOOD SANITATION DISTRICT ACROSS LOTS 2, 3, & 4; LAKEWOOD ACRES SUBDIVISION LOCATED AT 641, 649, & 665 INDEPENDENCE STREET, LAKEWOOD, COLORADO

WHEREAS, a sanitary sewer line easement was conveyed to the South Lakewood Sanitation District, which the City of Lakewood is their successor, recorded at Book 879, Pages 168 & 171, of the records of the Jefferson County Clerk and Recorder, across Lots 2, 3, & 4; Lakewood Acres Subdivision located at 641, 649, & 665 Independence Street; and

WHEREAS, said easement is no longer necessary as the physically constructed sewer line lies outside said deeded easement and the owners of said lots have deeded new easements in the correct location of said 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-08-001, 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 28th day of July, 2008; published by title in the Rocky Mountain News and in full on the City of Lakewood's website, www.lakewood.org, on the 31st day of July, 2008; set for public hearing on the 11th day of August, 2008 read, finally passed and adopted by the City Council on the 11th day of August, 2008, and, signed and approved by the Mayor on the 12th day of August, 2008.

Bob Murphy, Mayor

ATTEST:
Margy Greer, City Clerk

APPROVED AS TO FORM:
Timothy Cox, City Attorney


Exhibit "A"

A portion of that easement conveyed to the South Lakewood Sanitation District described in that instrument recorded at Book 879, at Pages 168 & 171, in the records of the Jefferson County Clerk and Recorder and lying within Lots 2, 3, & 4; LAKEWOOD ACRES, the plat of which is recorded in Plat Book 5, at Page 94, of said records, 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:

The central sixteen (16) feet of Lots 2, 3, & 4; together with the South sixteen (16) feet of the West 135 Feet of said Lot 2; together with the South eight (8) feet of the West One-half (W½) of said Lot 2; said LAKEWOOD ACRES.

The foregoing legal description was prepared by Garrett Downs on June 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 contained on the documents recorded in Book 879, at Pages 168 & 171