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O-2003-1
AN ORDINANCE
VACATING A PORTION OF SOUTH OAK STREET AND WEST EVANS AVENUE INTERSECTION RIGHT-OF-WAY LYING ADJACENT TO 2095 SOUTH OAK STREET AND FURTHER LOCATED IN THE NORTHWEST ONE-QUARTER OF SECTION 28, TOWNSHIP 4 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF LAKEWOOD, COUNTY OF JEFFERSON, STATE OF COLORADO
WHEREAS, the intersection of South Oak Street and West Evans Avenue was dedicated as part of Carmody Estates, the plat of which is recorded in Plat Book 30 at Page 7; and,
WHEREAS, the public improvements for said intersection were constructed and are in use; and,
WHEREAS, a significant portion of the platted right-of-way lies outside of the existing public improvements and is no longer needed.
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-01-003, and upon a finding that the described area is no longer necessary for use by the public and that no lane would by a vacation be left without an established public road connecting same with another established public road, the property described in the legal description attached hereto as EXHIBIT A be and the same is hereby vacated, provided however, that pursuant to Section 43-2-303(3), Colorado Revised Statutes, the said property described in the legal description is reserved for the continued use of telephone lines and appurtenances and for the continued use of sewer, gas, or water pipelines and appurtenances and electric lines and appurtenances, if any.
SECTION 2. This Ordinance shall take effect thirty (30) days after final publication.
SECTION 3. The City Clerk is herby instructed to record a certified copy of
this Ordinance in the records of the Jefferson County Clerk and Recorder.
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 13th day of January, 2003, published in full in the Lakewood Sentinel
on the 16th day of January, 2003; set for public hearing on the 27th day of
January, 2003; and signed and approved by the Mayor on the 28th day of January,
2003.
Stephen A. Burkholder, Mayor
ATTEST:
Margy Greer, City Clerk
Approved as to form:
City Attorney
A parcel of land located in the Northwest One-quarter of Section 28, Township 4 South, Range 69 West of the 6th Principal Meridian, City of Lakewood, County of Jefferson, State of Colorado, being more particularly described as follows:
Beginning at the Southeast corner of Lot 5, Block 2 CARMODY ESTATES, the plat of which is recorded in Plat Book 30 at Page 7 of the records of the Jefferson County Clerk and Recorder; thence N00°06'29"W along the East line of said Lot 5 and the East line of Lot 4, said Block 2, and said East line being in common with the West right-of-way line of South Oak Street as shown and platted on said CARMODY ESTATES (assumed bearing with all other bearings related thereto), a distance of 50 feet to a point of curvature thence continuing along said East property line and along the arc of a curve to the right having a radius of 228.04 feet and a central angle of 43°15'33" (the long chord of which bears N21°31'14"E, a chord length of 168.11 feet), an arc distance of 172.17 feet to the Northeast corner of said Lot 4; thence S60°09'12"E along the southeasterly extended North property line of said Lot 4, a distance of 0.42 feet to a point lying on a curve; thence along the arc of a curve to the left having a radius of 130 feet, and a central angle of 118°04'59" (the long chord of which bears S20°26'40"E, a chord length of 222.96 feet), an arc distance of 267.92 feet to a point lying on the South right-of-way line of West Evans Avenue and said point also lying on the North boundary line of COPPER OAKS, the plat of which is recorded in Plat Book 68, at Page 50 of said County records; thence West along said North boundary line and along the arc of a curve to the left having a radius of 175.00 feet and a central angle of 10°37'05" (the long chord of which bears N84°47'57"W, with a chord length of 32.38 feet), an arc distance of 32.43 feet; thence S89°53'51"W along said North boundary line, a distance of 107.57 feet to the Point of Beginning, and said parcel containing an area of 7,766.35 square feet, or 0.178 acre, more or less.
The foregoing legal description was prepared by Michael J. Connor, Property
Manager for the City of Lakewood, based upon said plat of Carmody Estates.
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