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O-2004-4
ORDINANCE
AUTHORIZING AN EASEMENT AGREEMENT TO THE CONSOLIDATED MUTUAL WATER COMPANY FOR UNDERGROUND WATER LINE AND RELATED FACILITIES ACROSS A PORTION OF THE PARKING LOT AT 10555 WEST COLFAX AVENUE, LAKEWOOD, COLORADO; FURTHER DECLARING AN EMERGENCY.
WHEREAS, The Consolidated Mutual Water Company has requested that the City of Lakewood convey to said Company an Easement Agreement for underground water line and related appurtenances to relocate a portion of the existing water line and fire hydrants located in the parking lot which is owner by the City and is located at 10555 West Colfax Avenue in order to facilitate the redevelopment of a portion of the Westland Towne Center; and
WHEREAS, the Charter of the City of Lakewood provides, in Section 14.3 thereof, that utility easements may be granted across such land.
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 redevelopment of a portion of the Westland Towne Center to proceed in a timely manner.
SECTION 3. This ordinance shall take effect upon the Mayor's signature.
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 23rd day of February, 2004; published in full in the Lakewood Sentinel
on the 26th day of February, 2004; set for public hearing on the 22nd day of
March, 2004; read, finally passed and adopted by the City Council on the 22nd
day of March, 2004; and, signed and approved by the Mayor on the 23rd day of
March, 2004.
Stephen A. Burkholder, Mayor
ATTEST:
Margy Greer, City Clerk
Approved as to form:
City Attorney
Exhibit A
Three parcels of land lying in the Southeast One-quarter (SE¼) of Section 33, Township 3 South, Range 69 West of the Sixth Principal Meridian, City of Lakewood, County of Jefferson, State of Colorado, more particularly described as follows:
Parcel One which is an easement for a 12 inch Main relocation, CMWCo work Order No. 13756:
Commencing at the Southeast corner of WESTLAND TOWNE CENTER, the plat of which is recorded in Plat Book 115, at Pages 53 thru 57, of the records of the Jefferson County Clerk and Recorder; thence N 00º19'18" W (assuming the South line of said SE¼ bears S 89º44'00" W all other bearings hereafter related thereto) along the East line of said WESTLAND TOWNE CENTER, said East line being in common with the West right-of-way line of Miller Street as shown on the plat of said WESTLAND TOWNE CENTER, a distance of 332.72 feet, more or less, to the True Point of Beginning of the centerline description of Parcel A, of that Easement Agreement conveyed to The Consolidated Mutual Water Company described in that instrument recorded at Reception Number 93139045, of said records; thence along said centerline the following courses S 89º40'42" W, a distance of 475.88 feet; thence N 89º50'07" W, a distance of 710.48 feet, more or less, to Point No. 5 of said Parcel A; thence N 00º07'55" W, a distance of 347.33 feet, more or less, to a point of curve; thence northeasterly along the arc of said curve said curve being to the right and having a radius of 115.00 feet, a central angle of 89º48'37", an arc distance of 180.26 feet to a point of tangency; thence N 89º40'42" E along said tangent, a distance of 230.25 feet, more or less, a point of curve; thence southeasterly along the arc of said curve said curve being to the right and having a radius of 130.00 feet, a central angle of 16º15'43", an arc distance of 36.90 feet to a point of tangency; thence S 74º03'35" E along said tangent, a distance of 53.91 feet, more or less, a point of curve; thence southeasterly along the arc of said curve said curve being to the left and having a radius of 130.00 feet, a central angle of 16º15'43", an arc distance of 36.90 feet to a point of tangency; thence N 89º40'42" E along said tangent, a distance of 33.33 feet, more or less, to Point No. 20 of said Parcel A; thence leaving said centerline S 00º19'18" E, a distance of 15.00 feet, more or less, to the Point of Beginning of Parcel Q of said Easement Agreement; thence N 89º40'42" E, a distance of 25.58 feet to the True Point of Beginning of said Parcel One; thence N 89º40'42" E, a distance of 182.80 feet; thence S 74º36'41" W, a distance of 57.70 feet; thence S 89º40'42" W, a distance of 91.31 feet; thence N 67º34'11" W, a distance of 38.78 feet, more or less, to the True Point of Beginning of said Parcel 1, the above described parcel contains an area of 2,056 square feet, more or less.
Parcel 2 which is an easement to relocate Fire Hydrant # 33.4.28, CMWCo work Order No. 13756:
A parcel of land being 15.00 feet in width and lying 7.5 feet on each side of the following described centerline:
Commencing at the above mentioned Point No. 20; thence N 89º40'42" E and continuing along the centerline of said Parcel A, a distance of 612.01 feet, more or less, to Point No. 25 of said Parcel A; thence leaving said centerline S 00º19'18" E, a distance of 25.00 feet, more or less, to the point of terminus of the centerline description for Parcel O of said Easement Agreement, said point of terminus being the Point of Beginning of the centerline description for said Parcel 2; thence continuing S 00º19'18" E along said centerline, a distance of 10.00 feet to the point of terminus of the herein described centerline, the above described parcel contains an area of 150 square feet, more or less.
Parcel 3 which is an easement to relocate Fire Hydrant # 33.4.24, CMWCo work Order No. 13756:
Commencing at the above mention Point No. 25; thence N 89º40'42" E and continuing along the centerline of said Parcel A, a distance of 11.00 feet, more or less, to Point No. 18 of said Parcel A; thence N 00º19'18" W, a distance of 406.50 feet, more or less, to Point No. 16 of said Parcel A; thence S 89º40'42" W, a distance of 240.18 feet; thence N 00º19'18" W, a distance of 47.05 feet, more or less, to Point No. 15 of said Parcel A; thence leaving said centerline N 89º40'42" E, a distance of 15.00 feet, more or less, to the True Point of Beginning of Parcel M of said Easement Agreement, said last True Point of Beginning also being the True Point of Beginning of said Parcel 3; thence N 00º19'18" W, a distance of 3.50 feet; thence N 89º40'42" E, a distance of 20.00 feet; thence S 00º19'18" E, a distance of 15.00 feet; thence S 89º40'42" W, a distance of 20.00 feet; thence N 00º19'18" W, a distance of 11.50 feet, to the True Point of Beginning, the above described parcel contains an area190 Square feet, more or less.
The foregoing legal descriptions were prepared by Ted Van Horn on February 11, 2004, City of Lakewood, Property Management Division, 480 South Allison Parkway, Civic Center South, Lakewood, Colorado 80226-3127. This was based on the legal description prepared by The Consolidated Mutual Water Company and that Easement Agreement conveyed to The Consolidated Mutual Water Company described in that instrument recorded at said Reception Number 93139045.
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