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O-2003-19
AN ORDINANCE
AUTHORIZING SIGNATURE OF AN EASEMENT TO PUBLIC SERVICE COMPANY FOR UNDERGROUND UTILITY LINES AND RELATED FACILITIES ACROSS HERITAGE HILL PARK LOCATED AT 11400 WEST ASBURY COURT, LAKEWOOD, COLORADO, FURTHER DECLARING AN EMERGENCY.
WHEREAS, Public Service Company has requested that the City of Lakewood convey to Public Service Company an easement for underground utility lines and related appurtenances across Heritage Hill Park located at 11400 West Asbury Court across land owned by the City; and
WHEREAS, said land was conveyed to the City by the plat of HERITAGE WEST FILING NO. 8, and further accepted by the City; and
WHEREAS, the Charter of the City of Lakewood provides, in Section 14.3 thereof, that easements may be granted across park & open space property provided the easement is approved in form by the City Attorney.
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, in form approved by the City Attorney, to Public Service Company across the land described in Exhibit "A" attached hereto and made a part hereof, for underground utility lines 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 utility line across Heritage Hill Park and allowing the construction of the facility to proceed in a timely manner.
SECTION 3. This ordinance shall take effect upon the signature of the Mayor.
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, 2003; published in full in the Lakewood Sentinel on the 31st, day of July, 2003; set for public hearing on the 11th day of August, 2003; read, finally passed and adopted by the City Council on the 11th day of August, 2003; and signed and approved by the Mayor on the 12th day of August, 2003.
Stephen A. Burkholder, Mayor
ATTEST:
Margy Greer, City Clerk
Approved as to form:
City Attorney
EXHIBIT "A"
Legal Description
An easement (10') ten feet in width being parallel with and contiguous to the easterly and northeasterly line of Tract A, HERITAGE WEST FILING NO. 8, the plat of which is recorded in Plat Book 155, at Pages 42 and 43, of the records of the Jefferson County Clerk and Recorder, said easterly and northeasterly lines being is in common with the lot lines for Lots 25, 26, 27 and 28, Block 2, said HERITAGE WEST FILING NO. 8.
The foregoing legal description was prepared by Ted Van Horn on July 22, 2003, City of Lakewood, Property Management Division, 445 South Allison Parkway, Lakewood, Colorado 80226-3105. This was based on the legal description prepared by Edward M. Barella with Public Service Company.
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