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O-2004-31
AN ORDINANCE
AUTHORIZING THE VACATION OF PORTIONS OF SOUTH VANCE STREET, WEST BYERS AVENUE AND WEST BYERS PLACE ALL IN THE SOUTHEAST QUARTER OF SECTION 11 RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF LAKEWOOD, COUNTY OF JEFFERSON, STATE OF COLORADO, FURTHER DECLARING AN EMERGENCY
WHEREAS, Ordinance O-78-102 vacated portions of South Vance Street, West Byers Place and West Byers Avenue; and,
WHEREAS, errors have been found in the legal descriptions within said ordinance; and,
WHEREAS, the errors in the legal descriptions are creating a cloud in the title of the properties; and,
WHEREAS, it is necessary and desirable to process an emergency ordinance to rectify these errors; and,
NOW THEREFORE, BE IT ORDAINED by the City Council of the City of Lakewood, that:
SECTION 1. Pursuant to Title 43, Article 2, Colorado Revised Statutes, Case No. VA-01-003, 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 the legal description attached hereto as EXHIBIT A be and the same is hereby vacated, provided however, that pursuant to Section 43-2-303(3), Colorado Revised Statutes, the said property described in the legal description is reserved for the continued use of telephone lines and appurtenances and for the continued use of sewer, gas, or water pipelines and appurtenances and electric lines and appurtenances, if any.
SECTION 2. The City Clerk is herby instructed to record a certified copy of this Ordinance in the records of the Jefferson County Clerk and Recorder.
SECTION 3. Emergency. This ordinance is necessary for the immediate preservation of the City of Lakewood's peace, health and safety. The expeditious recordation of the ordinance is necessary to allow the pending real estate transaction to be completed.
SECTION 4. This ordinance shall become effective immediately 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 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
The following parcels of land are located in Tracts A and B1, VILLA NORTE, the plat of which is recorded in Plat Book 30, at Page 47, of the records of the Jefferson County Clerk and Recorder, and Lot 1, BENNIGAN'S VILLA ITALIA, the plat of which is recorded in Plat Book 57, at Page 58, of said records, which is a replat of Tracts B2 and D of said VILLA NORTE, further lying in the Southeast One-Quarter of Section 11, Township 4 South, Range 69 West of the Sixth Principal Meridian, City of Lakewood, County of Jefferson, State of Colorado, being more particularly described as follows:
Parcel I
Commencing at the Northeast corner of Tract B, said BENNIGAN'S VILLA ITALIA;
thence
S 00°17'18"E (assumed bearing all other bearings hereafter related
thereto) along the East line of said Tract B, said last line also being in common
with the northerly extended East right-of-way line of South Vance Court as shown
and platted by said BENNIGAN'S VILLA ITALIA, a distance of 7.58 feet, more or
less, to a point on a curve described in Tract 1 of that City of Lakewood Ordinance
O-71-71 recorded in Book 2281, at Pages 803 thru 805 of said records, said point
also being the True Point of Beginning; thence continuing S 00°17'18"E
along said northerly extended East line, a distance of 74.83 feet, more or less,
to a point on a curve described in that instrument recorded in Book 2261, at
Pages 121 and 122, of said records; thence northwesterly along an arc of said
last curve said curve being to left and having a radius of 45.00 feet, a central
angle of 112°30'07"(the long chord of which bears N 00°17'18"W,
a chord length of 74.83 feet), an arc distance of 88.36 feet, more or less,
to the True Point of Beginning, said parcel containing an area of 1,052.66 square
feet, more or less.
Parcel II
Commencing at the Northeast corner of Tract B said BENNIGAN'S VILLA ITALIA;
thence
S 00°17'18"E (assumed bearing all other bearings hereafter related
thereto) along the East line of said Tract B and the East line extended southerly,
said East line being in common with the northerly extended East right-of-way
line of South Vance Court as shown and platted by said BENNIGAN'S VILLA ITALIA,
a distance of 237.58 feet, more or less, to a point on a curve described in
that instrument recorded in Book 2266 at Pages 121 and 122, of said records,
said point also being the True Point of Beginning; thence continuing S 00°17'18"E
along the southerly extended East right-of-way line of South Vance Court, a
distance of 37.42 feet to a point lying on the North right-of-way line of West
Byers Place as shown and platted by VILLA NORTE - SECOND FILING, the plat of
which is recorded in Plat Book 61, at Page 19, of said records; thence N 89°42'42"E
along said North line, a distance of 20.00 feet, more or less, to a point on
said curve; thence northwesterly along an arc of said last curve, said curve
being to left and having a radius of 45.00 feet and a central angle of 56°14'04"(the
long chord of which bears N 28°24'50"W, a chord length of 42.43 feet),
an arc distance of 44.18 feet, more or less, to the True Point of Beginning,
said parcel containing an area of 526.33 square feet, more or less.
Parcel III
Commencing at the Southeast corner of Lot 1, said BENNIGAN'S VILLA ITALIA; thence
N 00°17'18"W (assumed bearing all other bearings hereafter related
thereto) along the East line of said Lot 1, said line also being in common with
the West right-of-way line of South Vance Court as shown and platted by said
VILLA NORTE, a distance of 185.00 feet, more or less, to a platted point of
curvature, said point also being the True Point of Beginning; thence northwesterly
along an arc of said platted curve, said curve being to the left and having
a radius of 15.00 feet, a central angle of 79°24'55"(the long chord
of which bears N 39°59'47"W, a chord length of 19.17 feet), an arc
distance of 20.79 feet to a point on a non-tangent curve described in that instrument
recorded in Book 2266, at Pages 121 and 122, of said records; thence northeasterly
along an arc of said non-tangent curve, said curve being to the right and having
a radius of 45.00 feet, a central angle of 90°23'30"(the long chord
of which bears
N 10°46'01"E, a chord length of 63.86 feet), an arc distance of 70.99
feet, more or less, to a point lying on said West right-of-way line of South
Vance Court; thence S 00°17'18"E along the southerly extended West
right-of-way line of said South Vance Court, a distance of 77.42 feet, more
or less, to the True Point of Beginning, said parcel containing an area of 1,013.51
square feet, more or less.
Parcel IV
Commencing at the Southeast corner of Lot 1, said BENNIGAN'S VILLA ITALIA; thence
N 00°17"18"W (assumed bearing all other bearings hereafter related
thereto) along the East line of said Lot 1, said line also being in common with
the West right-of-way line of South Vance Court as shown and platted by said
plats of VILLA NORTE and BENNIGAN'S VILLA ITALIA, a distance of 417.58 feet,
more or less, to a point on a non-tangent curve described in that instrument
recorded in Book 2266, at Pages 121 and 122, of said records, said point being
the True Point of Beginning; thence continuing N 00°17'18"W along said
West right-of-way line of South Vance Court, a distance of 17.42 feet, more
or less, to a platted point of curve; thence northwesterly along an arc of said
platted curve, said curve being to the left and having a radius of 15.00 feet,
a central angle of 90°00'00"(the long chord of which bears N 45°17'18"W,
a chord length of 21.21 feet), an arc distance of 23.56 feet, more or less,
to a platted point of tangency; thence S 89°42'42"W along said tangent,
a distance of 6.91 feet to a point lying on a non-tangent curve described in
that said Book 2266, at Pages 121 and 122; thence southeasterly along said last
non-tangent curve, said curve being to the right and having a radius of 15.00
feet, a central angle of 27°19'58"(the long chord of which bears S
28°25'56"E, a chord length of 7.09 feet), an arc distance of 7.16 feet
to a reverse curve; thence southeasterly along said reverse curve, said curve
being to the left and having a radius of 45.00 feet, a central angle of 41°46'25"
(the long chord of which bears S 35°39'09"E, a chord length of 32.09
feet), an arc distance of 32.81 feet, more or less, to the True Point of Beginning,
said parcel contains an area of 382.87 square feet, more or less.
The foregoing legal description was prepared by Spencer Curtis on July 15, 2004, City of Lakewood, Property Management Division, 480 South Allison Parkway, Civic Center South, Lakewood, Colorado 80226-3127. This legal description was based on said plats of VILLA NORTE, and BENNIGAN'S VILLA ITALIA.
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