|
|
 |
O-2003-21
AN ORDINANCE
AMENDING EXHIBIT B OF ORDINANCE O-98-25; FURTHER AUTHORIZING THE CONVEYANCE OF A 2 ACRE PARCEL OF LAND TO JEFFERSON COUNTY, AUTHORIZING THE ACCEPTANCE OF A COMMISSIONERS DEED WITH A REVERSIONARY INTEREST CLAUSE FOR THE SAME PROPERTY LOCATED IN THE NORTH ONE HALF OF SECTION 13, TOWNSHIP 4 SOUTH, RANGE 70 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF LAKEWOOD, COUNTY OF JEFFERSON, STATE OF COLORADO; FURTHER DECLARING AN EMERGENCY
WHEREAS, in 1977, the St. Clair Okie Hayden Business Trust conveyed approximately 20 acres to the City of Lakewood (City) to be "used for open space, recreational and park purposes only" and "dedicated in memory of Wm. Frederick Hayden"; and,
WHEREAS, in 1987 Jefferson County (County) conveyed a 10.8 acre parcel of land to the City of Lakewood by Commissioners Deed; and,
WHEREAS, said Commissioners Deed contained a Reversionary Interest, which limited the use of said parcel to "public open space, park and recreational purposes"; and,
WHEREAS, in 1997, Jefferson County and the Colorado Department of Transportation (CDOT) entered into an agreement to improve the interchange between Interstate-70 (I-70) and Colorado-470 (C-470); and,
WHEREAS, said agreement required the acquisition of additional land adjacent to the interchange including a portion of the 10.8 acre parcel (Right-of-way Parcel); and,
WHEREAS, in order for the County to release the Right-of-way Parcel, a parcel of equal value needed to be covered by the same Reversionary Interest (Replacement Parcel); and,
WHEREAS, in 1998, the Lakewood City Council adopted Ordinance O-98-25, which authorized the conveyance of the Right-of-way Parcel and the Replacement Parcel to Jefferson County, the Replacement Parcel would then be deeded back to Lakewood by a Commissioners Deed containing the same Reversionary Interest; and,
WHEREAS, the Right-of-way Parcel and the Replacement Parcel were Conveyed to Jefferson County by Quit Claim Deed, which was never accepted by the County; and,
WHEREAS, the County and the City have agreed that a different Replacement Parcel would better meet the needs of both agencies.
WHEREAS, In 2003, the County, CDOT and the City of Lakewood entered into an Intergovernmental Agreement (IGA) to complete the transaction within specified time frames; and
WHEREAS, the conveyance of the property described in the attached Exhibit A
to Jefferson County Open Space and the acceptance of the Commissioners Deed
with the Reversionary Interest language reaffirms the intent of the Hayden Deed
and reinforces the limitations on the use of the property for public open space,
park and recreational purposes and is therefore in conformance with Section
14.3(b) of the City of Lakewood Charter.
NOW THEREFORE, BE IT ORDAINED by the City Council of the City of Lakewood, that:
SECTION 1. Ordinance O-98-25 is hereby amended to replace the legal description in Exhibit B of Ordinance O-98-25 with the legal description attached hereto and designated as Exhibit B-1.
SECTION 2. The City Manager is authorized to sign and the City Clerk is authorized to attest a deed conveying 2 acres as described in Exhibit B-1, which is attached hereto and incorporated herein by this reference, to Jefferson County to fulfill the City's obligations under the IGA.
SECTION 3. The City Manager, through the Property Management Division, is authorized to accept the conveyance of the property described in Exhibit B-1 for public open space, park and recreational purposes and to accept a quit claim deed from the county of the property originally described in Exhibit B of Ordinance O-98-25 to clear title to said parcel.
SECTION 4. Emergency. This ordinance is necessary for the immediate preservation of the City of Lakewood's peace, health and safety. The expeditious completion of the City's obligations under the IGA is necessary in order to remain in compliance with commitments made by the City.
SECTION 5. 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 B-1
A parcel of land located in the Northwest One-quarter (NW1/4) of Section 13, Township 4 South, Range 70 West of the 6th Principal Meridian, City of Lakewood, County of Jefferson, State of Colorado, being more particularly described as follows:
The South 2 acres, of the West One-half of the Southeast One-Quarter of said North West 1/4.
The foregoing legal description was prepared by Michael J. Connor, Property Manager for the City of Lakewood based upon that instrument recorded in the official records of the Jefferson County Clerk and Recorder's office in Book 3114, at Page 46, under Reception Number 311446 on December 9, 1977.
 |
||
Home
| Search
| Contact Us | Privacy
Policy© City of Lakewood, 480 S. Allison Pkwy., Lakewood, CO 80226, 303-987-7000 |