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O-2003-16

AN ORDINANCE

AUTHORIZING AN EASEMENT AGREEMENT TO THE CONSOLIDATED MUTUAL WATER COMPANY FOR UNDERGROUND WATER LINE AND RELATED FACILITIES THROUGH THE CITY MAINTENANCE SHOP FACILITY AT 850 PARFET STREET, LAKEWOOD, COLORADO, FURTHER DECLARING AN EMERGENCY.

WHEREAS, The Consolidated Mutual Water Company has requested that the City of Lakewood convey to said District an Easement Agreement for underground water line and related appurtenances to create a loop for the water line in Parfet Street which will provide better water service to the property located at 850 Parfet Street which is land owned by the City; and

WHEREAS, the Charter of the City of Lakewood provides, in Section 14.3 thereof, that utility easements may be granted across such land, which the City is willing to do.

NOW THEREFORE, BE IT ORDAINED by the City Council of the City of Lakewood, that:

SECTION 1. The City Manager is hereby authorized to execute and the City Clerk to attest an Easement Agreement, in form approved by the City Attorney, to The Consolidated Mutual Water Company across the land described in Exhibit "A" attached hereto and made a part hereof, for underground water line and related appurtenances.

SECTION 2. Emergency. This ordinance is necessary for the immediate preservation of the City of Lakewood's peace, health and safety by granting the easement for the water line and allowing the construction of the facility to proceed in a timely manner.

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, 2003 ; published in full in the Lakewood Sentinel on the 12th, day of June, 2003; set for public hearing on the 23rd day of June, 2003; read, finally passed and adopted by the City Council on the 23rd day of June, 2003; and signed and approved by the Mayor on the 24th day of June, 2003.

Stephen A. Burkholder, Mayor

ATTEST:
Margy Greer, City Clerk

Legal Description

A parcel of land being a part of Tract A and Tract B, PARK WEST FILING NO. 2, the plat of which was recorded in Plat Book 41, at Pages 47 and 48, of the records of the Jefferson County Clerk and Recorder, said parcel also lying in the Southwest One-quarter (SW¼) of Section 4, 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 Lot 7, said PARK WEST FILING NO. 2, thence N 00º00'00" E (assuming the East line of said Lot 7 bears N 00º58'01" E, all other bearings hereafter related thereto), a distance of 35.50 feet to the True Point of Beginning; thence along the following eight (8) courses:

1) N 00º00'0020" E, a distance of 30.00 feet:

2) thence N 90º00'00" E, a distance of 410.65 feet;

3) thence S 00º00'00" W , a distance of 478.10 feet to a non-tangent curve;

4) thence southeasterly along the arc of a curve to the right having a central angle of 23º31'15", a radius of 335.00 feet (whose long chord bears S 10º38'35" E, a chord length of 136.56 feet) for an arc distance of 137.52 feet, more or less, to the South line of the North 310.58 feet of said Tract A;

5) thence N 89º51'59" W along said last South line, a distance of 30.00 feet, more or less, to a platted point of curve on the easterly right-of-way line of Parfet Street;

6) thence northwesterly along said easterly right-of-way line along a said platted curve said curve being to the left and having a radius of 305.00 feet, a central angle of 32º49'59" (whose long chord bears N 15º12'20" W, a long chord length of 172.40 feet) for an arc distance of 174.78 feet;

7) thence leaving said right-of-way N 00º00'00"E, a distance of 415.88 feet;

8) thence westerly along a line, a distance of 360.65 feet, more or less, to the True Point of Beginning, the above described parcel contains an area of 38,567 square feet, more or less.

The foregoing legal description was prepared by Ted Van Horn on June 3, 2003, City of Lakewood, Property Management Division, 445 South Allison Parkway, Lakewood, Colorado, 80226-3105. This was based on the legal description prepared by Walter S. Welton, PE $ PLS No. 12956, with The Consolidated Mutual Water Company, 12700 W 27th Ave, Lakewood, CO, 80215.

Legal Description of Entire Property Proposed to be Annexed.

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