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O-2004-41
AN ORDINANCE
AUTHORIZING CONVEYANCE OF A 30 FOOT WIDE EASEMENT TO BANCROFT-CLOVER WATER AND SANITATION DISTRICT FOR AN UNDERGROUND WATER LINE AND RELATED FACILITIES FOR THE MAIN WATER LINE LOCATED IN THE HERITAGE CENTER AT BELMAR PARK LOCATED AT 801 SOUTH WADSWORTH BOULEVARD; FURTHER ACCEPTING A QUIT CLAIM DEED FROM BANCROFT-CLOVER WATER AND SANITATION DISTRICT TO THE CITY OF LAKEWOOD FOR BANCROFT-CLOVER WATER AND SANITATION DISTRICT'S INTEREST IN THE EXISTING 50 FOOT WIDE EASEMENT ACROSS BELMAR PARK, RECORDED AT RECEPTION NUMBER 88115842, OF THE RECORDS OF THE JEFFERSON COUNTY CLERK AND RECORDER, LAKEWOOD, COLORADO.
WHEREAS, Bancroft-Clover Water and Sanitation District has requested that the City of Lakewood convey to them a 30 foot wide easement for the underground main water line and related appurtenances to provide water services to the service line to the existing and future buildings in the Heritage Center at Belmar Park located at 801 South Wadsworth Boulevard across land owned by the City; and
WHEREAS, Bancroft-Clover Water and Sanitation District will be conveying a Quit Claim Deed to the City of Lakewood for Bancroft-Clover Water and Sanitation District's interest in the existing 50.00 foot easement.
WHEREAS, said land owned by the City was conveyed to the City by Charles M. Stanton on behalf of the May Bonfils Estate and was further accepted by the City; and
WHEREAS, the Charter of the City of Lakewood provides, in Section 14.3 thereof, that utility easements may be granted across property held for open space or parks purposes, which the City is willing to do.
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 and Right-of-way Agreement, in form approved by the City Attorney, to Bancroft-Clover Water and Sanitation District across the land described in Exhibit "A" attached hereto and made a part hereof, for underground water lines and related appurtenances.
SECTION 2. The City of Lakewood does hereby accept the Quit Claim Deed from Bancroft-Clover Water and Sanitation District described in Exhibit "B" attached hereto and made a part hereof.
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 13th day of September, 2004; published in full in the Lakewood Sentinel on the 16th day of September, 2004; set for public hearing on the 27th day of September, 2004; read, finally passed and adopted by the City Council on the 27th day of September, 2004; and, signed and approved by the Mayor on the 28th day of September, 2004.
Barbara Martin, Mayor Pro Tem
ATTEST:
Margy Greer, City Clerk
Approved as to form:
City Attorney
Two parcels of land lying in the Southwest One-quarter (SW¼) of Section 14, 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:
Parcel One
Commencing at the Northeast corner of said SW¼; thence S 86º33'19" W (assuming the East line of said SW¼ bears S 00º01'30" E all other bearings hereafter related thereto), a distance of 441.08 feet to the True Point of Beginning; thence S 00º00'00" E, a distance of 344.99 feet, more or less, to the Northeast corner of "Parcel 3" of that easement conveyed to Bancroft-Clover Water and Sanitation District described by the instrument recorded under Reception Number F0831595, of the records of the Jefferson County Clerk and Recorder; thence N 90º00'00" W along the North line of said "Parcel 3", a distance of 30.00 feet; thence leaving said North line N 00º00'00" E, a distance of 177.50 feet; thence N 90º00'00" W, a distance of 10.12 feet, more or less, to a Southeast corner of that easement conveyed to Bancroft-Clover Water and Sanitation District described in that instrument recorded at Reception Number F1686787, of said records; thence N 00º01'30" W along an East line of said last easement, a distance of 30.00 feet, more or less, to the Northeast corner of said last easement; thence leaving said East line N 90º00'00" E, a distance of 10.14 feet; thence N 00º00'00" E, a distance of 122.71 feet; thence N 89º34'00" W, a distance of 84.69 feet; thence N 00º01'30" W, a distance of 15.00 feet; thence S 89º34'00" E, a distance of 114.70 feet, more or less, to the True Point of Beginning.
Parcel Two
Commencing at the Northeast corner of said SW¼; thence S 28º39'17" W (assuming the East line of said SW¼ bears S 00º01'30" E all other bearings hereafter related thereto), a distance of 542.78 feet to the True Point of Beginning; thence S 00º01'30" E, a distance of 30.00 feet; thence S 89º58'30" W, a distance of 237.07 feet; thence N 45º01'30" W, a distance of 54.00; thence S 89º58'30" W, a distance of 119.74 feet; thence S 00º01'30" E, a distance of 138.39 feet, more or less, to the North line of "Parcel 4" of that easement conveyed to Bancroft-Clover Water and Sanitation District described by the instrument recorded under Reception Number F0831595, of the records of the Jefferson County Clerk and Recorder; thence westerly, northerly and westerly along the North line of said "Parcel 4" the following three courses
1. S 89º49'29" W, a distance of 5.00 feet, more or less, to an angle point;
2. thence N 00º01'30" W, a distance of 26.96 feet, more or less, to a Northeast corner;
3. thence N 88º57'59" W, a distance of 25.00 feet;
thence departing said North line N 00º01'30" W, a distance of 110.98
feet; thence S 89º58'30" W, a distance of 28.91 feet; thence N 00º01'30"
W, a distance of 30.00 feet; thence N 89º58'30" E, a distance of 191.08
feet; thence S 45º01'30" E, a distance of 54.00 feet; thence N 89º58'30"
E, a distance of 14.64 feet; thence N 00º00'00" W, a distance of 74.90
feet, more or less, to a South line of "Parcel 3" of that easement
conveyed to Bancroft-Clover Water and Sanitation District described under said
Reception Number F0831595; thence N 90º00'00" E along said last South
line, a distance of 30.00 feet, more or less, to a Southeast corner of said
"Parcel 3"; thence departing said last South line S 00º00'00"
E, a distance of 74.89 feet; thence
N 89º58'30" E, a distance of 180.00 feet, more or less, to the True
Point of Beginning.
The foregoing legal descriptions were prepared by Ted Van Horn on September
3, 2004, City of Lakewood, Property Management Division, 480 South Allison Parkway,
Lakewood, Colorado 80226-3127. This was based on the legal description prepared
by Eric Johnson and reviewed by Richard A. Nobbe, PLS # 23899, Registered Land
Surveyor with Martin/Martin Consulting Engineers, 4251 Kipling Street, Wheat
Ridge, Colorado, 80228, Project # 14523.C.01.
Exhibit "B"
Eight parcels of land lying in the Southwest One-quarter (SW¼) of Section 14, 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:
Any and all interest in those eight (8) parcels of land described in that Right-of-Way Agreement to Bancroft-Clover Water and Sanitation District described in that instrument recorded at Reception Number 88115842, of the records of the Jefferson County Clerk and Recorder, EXCEPT any of those interests conveyed to the Bancroft-Clover Water and Sanitation District described in those instruments recorded at Reception Numbers F0831595 and F1686787, of said records.
The foregoing legal description was prepared by Ted Van Horn on September 3, 2004, City of Lakewood, Property Management Division, 480 South Allison Parkway, Lakewood, Colorado 80226-3127. This was based on the Right-of-way Agreement recorded at said Reception Number 88115842.
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