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Ordinance 2003-27
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O-2003-27

AN ORDINANCE

TO VACATE A PORTION OF THE WEST MISSISSIPPI AVENUE RIGHT-OF-WAY ADJACENT TO THE PROPERTY AT 5440 WEST MISSISSIPPI AVENUE, CITY OF LAKEWOOD, COUNTY OF JEFFERSON, STATE OF COLORADO

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-03-003, 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 property described in Exhibit "A" attached hereto be and the same is hereby vacated.

SECTION 1. The City is reserving, however, an easement over, under and across the vacated right-of-way for the existing Public Service Company utilities.

SECTION 2. The City Clerk is authorized and directed to record a certified copy of this Ordinance with the Jefferson County Clerk and Recorder.

SECTION 3. This ordinance shall take effect thirty (30) days after final publication.

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 22nd day of September, 2003; published in full in the Jefferson Sentinel on the 25th day of September, 2003; set for public hearing on the 13th day of October, 2003; read, finally passed and adopted by the City Council on the 13th day of October, 2003; and signed and approved by the Mayor on the 14th day of October, 2003.

Stephen A. Burkholder, Mayor

ATTESTED AND CERTIFIED:
Margy Greer, City Clerk

Approved as to form:
City Attorney


Exhibit A

A parcel of land lying in the Northeast One-quarter (NE¼) of Section 24, 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 said NE¼; thence S 89º14'49" W along the North line of said SE¼ (assumed bearing all other bearings hereafter related thereto), a distance of 1,244.92 feet, more or less, to the intersection of the northerly extended East line of that tract of land described in that instrument recorded at Reception Number 78065662, of the records of the Jefferson County Clerk and Recorder with said North line, said intersection being in common with the Northeast corner of that tract of land conveyed to the City of Lakewood for the West Mississippi Avenue right-of-way described in that instrument recorded at Reception Number F1468549, and re-recorded at Reception Number F1450106, of said records; thence S 00º15'00" E along said northerly extended East line, said extended East line being in common with the northerly extended West line of that tract of land described in that instrument recorded at Reception Number F0841679, of said records and the East line of that tract convey to the City of Lakewood, a distance of 32.00 feet, more or less, to the Southeast corner of said tract of land conveyed to the City of Lakewood, said last corner being the True Point of Beginning; thence continuing S 00º15'00" E along said northerly extended East line, said extended East line being in common with the northerly extended West line and the West line of that tract of land described in that instrument recorded at Reception Number F0841679, of said records, a distance of 6.00 feet, more or less, to the Northeast corner of that tract described in said Reception Number 78065662; thence S 89º14'50" W along the North line of that tract described in said Reception Number 78065662, a distance of 87.81 feet; thence N 10º57'51" W, a distance of 6.13 feet, more or less, to the South line of said tract conveyed to the City of Lakewood; thence N 89º14'50" E along said last South line, a distance of 87.12 feet, more or less, to the True Point of Beginning. The above described parcel contains an area of 526 square feet, more or less.

The foregoing legal description was prepared by Ted Van Horn on July 24, 2003, City of Lakewood, Property Management Division, 480 South Allison Parkway, Civic Center South, Lakewood, Colorado 80226-3127. This was based on the Right-of-way plan sheet provided by the City of Lakewood's Department of Public Works for the West Mississippi Avenue (South Pierce Street to South Sheridan Boulevard) Street Improvement Project.