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O-2004-25

AN ORDINANCE

DISCONNECTING FROM THE CITY OF LAKEWOOD CERTAIN PROPERTY LOCATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 32, TOWNSHIP 4 SOUTH, AND IN THE NORTHEAST ONE-QUARTER OF SECTION 5, TOWNSHIP 5 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF LAKEWOOD, JEFFERSON COUNTY, STATE OF COLORADO

WHEREAS, C.R.S. 31-12-501 provides that statutory cities and towns may disconnect property from a city or town by ordinance when the owner of a tract of land within and adjacent to the boundary of a city or town applies to the governing body for said disconnection; and

WHEREAS, the City of Lakewood is a home rule city of the State of Colorado and has the authority to legislate in matters of local concern and has the authority to disconnect property as set forth in C.R.S 31-12-501 and to establish such other lawful criteria relating to the disconnection of property as is beneficial to the City; and

WHEREAS, Elsie May Stjernholm and Dr. Alvin Stjernholm own a tract of land within and adjacent to the boundary of the City, which tract is described in Exhibit A and incorporated herein; and

WHEREAS, Elsie May Stjernholm and Dr. Alvin Stjernholm wish to disconnect said tract from the City for the purpose of developing said tract together with the Adjoining Land located in unincorporated Jefferson County; and

WHEREAS, the City is not obligated, by law or otherwise, to disconnect said tract; and

WHEREAS, the City is willing to initiate disconnection of said tract at Elsie May Stjernholm's and Dr. Alvin Stjernholm's sole cost and expense.

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

SECTION 1. The parcel of land lying in the Southeast One-Quarter of Section 32, Township 4 South, and in the Northeast One-Quarter of Section 5, Township 5 South, Range 69 West of the Sixth Principal Meridian, City of Lakewood, Jefferson, County, State of Colorado, which is more particularly described in Exhibit A attached hereto and made a part hereof, be and the same is hereby disconnected from the City of Lakewood.

SECTION 2. The City Manager, City Attorney, and City Clerk are authorized and directed to perform those duties necessary to complete said disconnection.

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 26th day of July, 2004; published in full in the Lakewood Sentinel on the 29th day of July, 2004; set for public hearing on the 9th day of August, 2004; read, finally passed and adopted by the City Council on the 9th day of August, 2004; and, signed and approved by the Mayor on the 10th day of August, 2004.

Stephen A. Burkholder, Mayor

ATTEST:
Margy Greer, City Clerk

Approved as to form:
City Attorney

Legal Description

A parcel of land formerly a part of State Highway No. 70 (West Hampden Avenue) vacated by Resolution No. CC79-766 by the Board of County Commissioners of the County of Jefferson, State of Colorado, recorded under Reception No. 79097797 of the records of the Jefferson County Clerk and Recorder, being a part of the Southeast One-Quarter of the Southeast One-Quarter (SE ¼) of Section 32, Township 4 South, and a part of the Northeast One-Quarter of the Northeast One-Quarter (NE ¼) of Section 5, Township 5 South, Range 69 West of the 6th Principal Meridian, City of Lakewood, County of Jefferson, State of Colorado being more particularly described as follows:

Commencing at the Southeast corner of said SE¼; thence N 89°42'06² W, along the South line of said SE¼, a distance of 574.00 feet to the True Point of Beginning; thence S 76°16¢20² W, a distance of 236.06 feet; thence N 26°45¢50² W, a distance of 92.91 feet; thence N 81°49¢17² E, a distance of 331.79 feet to a point lying on the West right-of-way line of Bear Creek Drive as shown and platted on the plat of BEAR CREEK RANCHETTES FILING NO. 1, the plat of which is recorded in Plat Book 21, at Page 50, of said records; thence S 00°15¢24² W, along said West right-of-way line, a distance of 60.22 feet; thence S 76°16¢20² W, a distance of 58.67 feet, more or less, to the True Point of Beginning, said parcel containing an area of 23,220.26 square feet or 0.5330 acre, more or less.

The foregoing legal description was prepared by Spencer Curtis on June 29, 2004, City of Lakewood, Property Management, 480 South Allison Parkway, Civic Center South, Lakewood, Colorado 80226-3127. This legal description was based on the legal description from the Quit Claim Deed from the United States of America to Dr. Alvin Stjernholm and Elsie May Stjernholm recorded under Reception No. F0295430.

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