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2004-78

A RESOLUTION

AUTHORIZING CONDEMNATION OF PROPERTY INTERESTS ACROSS 1391 FENTON STREET, 5880 AND 5890 WEST 14TH AVENUE FOR THE WEST 14TH AVENUE, HARLAN TO FENTON SIDEWALK IMPROVEMENT PROJECT.

WHEREAS, the City Council of the City of Lakewood authorized condemnation of the property interests necessary to complete the West 14th Avenue, Harlan to Fenton Sidewalk Improvement Project by Ordinance 0-2004-9, if negotiations to purchase the property were unsuccessful; and

WHEREAS, the City has negotiated in good faith with the owners of the property interests mentioned above; and

WHEREAS, the parties have been unable to agree upon the purchase of certain of the property interests needed for the Project, more particularly described in Exhibit "A," attached hereto and incorporated herein by this reference, and it is necessary for the City of Lakewood to acquire immediate possession thereof.

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

SECTION 1. The City Attorney is instructed on behalf of the City of Lakewood to exercise the power of eminent domain vested in the City and proceed immediately to condemn the property described in Exhibit "A," pursuant to the authorization contained in Ordinance 0-2004-9.

INTRODUCED, READ AND ADOPTED by a vote of 11 for and 0 against at a regular meeting of the City Council on August 9, 2004, at 7 o'clock p.m. at Lakewood Civic Center, 480 South Allison Parkway, Lakewood, Colorado.

Stephen A. Burkholder, Mayor

ATTEST:
Margy Greer, City Clerk

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EXHIBIT "A"

Legal description for a permanent easement (1391 Fenton Street Parcel 104)

A parcel of land lying in the Northeast One-quarter (NE¼) of Section 1, 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 Northwest corner of said NE¼; thence S 00º00'24" E along the West line of said NE¼ (assuming the North line of said NE¼ bears N 89º31'05" E all other bearings hereafter related thereto), a distance of 661.12 feet; thence leaving said West line N 89º30'19" E, a distance of 496.16 feet; thence S 00º29'41" E, a distance of 25.00 feet, more or less, to the Northwest corner of that tract of land described in that instrument recorded in Book 646, at Page 155, of the records of the Jefferson County Clerk and Recorder, said corner being in common with the Northeast corner of Lot 2, ROGER, the plat of which is recorded in Plat Book 7, at Page 51, of said records, said corner also being the True Point of Beginning; thence N 89º30'19" E along the North line of said tract, said North line being in common with the South right-of-way line of West 14th Avenue, a distance of 165.46 feet, more or less, to the East line of the East One-half (E½) of the East One-half (E½) of the Southwest One-quarter (SW¼) of the Northwest One-quarter (NW¼) of said NE¼; thence S 00º00'44" E along said last East line, said last East line also being the East line of said tract, a distance of 3.50 feet; thence leaving said last East line S 89º30'19" W along a line parallel with the North line of said tract, a distance of 165.46 feet, more or less, to the West line of said tract; thence N 00º00'44" W along said last West line, said last West line being in common with the East line of said Lot 2, a distance of 3.50 feet, more or less, to the True Point of Beginning, the above described parcel contains an area of 579 square feet, more or less.

The foregoing legal description was prepared by Ted Van Horn on April 16, 2004, City of Lakewood, Property Management Division, 480 South Allison Parkway, Lakewood, Colorado 80226-3127. This is for a Permanent Easement for Utility Facilities and Traffic Control Devises and was based on the closure sheets provided by the City of Lakewood's Department of Public Works for the West 14th Avenue and Harlan Sidewalk Improvement Project.

Legal description for a Permanent Easement (5880 West 14th Avenue Parcel 103)

A parcel of land lying in the Northeast One-quarter (NE¼) of Section 1, 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 Northwest corner of said NE¼; thence S 00º00'24" E along the West line of said NE¼ (assuming the North line of said NE¼ bears N 89º31'05" E all other bearings hereafter related thereto), a distance of 661.12 feet; thence leaving said West line N 89º30'19" E, a distance of 425.93 feet; thence S 00º29'41" E, a distance of 25.00 feet, more or less, to the Northwest corner of Lot 2, ROGER, the plat of which is recorded in Plat Book 7, at Page 51, of records of the Jefferson County Clerk and Recorder, said corner being the True Point of Beginning; thence N 89º30'19" E along the North line of said Lot 2, said North line being in common with the South right-of-way line of West 14th Avenue, a distance of 70.23 feet, more or less, to the Northeast corner of said Lot 2; thence S 00º00'44" E along the East line of said Lot 2, a distance of 3.50 feet; thence leaving said last East line S 89º30'19" W along a line parallel with the North line of said Lot 2, a distance of 70.23 feet, more or less, to the West line of said Lot 2; thence N 00º00'44" W along said West line, a distance of 3.50 feet, more or less, to the True Point of Beginning, the above described parcel contains an area of 246 square feet, more or less.

The foregoing legal description was prepared by Ted Van Horn on April 16, 2004, City of Lakewood, Property Management Division, 480 South Allison Parkway, Lakewood, Colorado 80226-3127. This is for a Permanent Easement for Utility Facilities and Traffic Control Devises and was based on the closure sheets provided by the City of Lakewood's Department of Public Works for the West 14th Avenue and Harlan Sidewalk Improvement Project.

Legal description for Permanent Easement (5890 West 14th Avenue Parcel 102)

A parcel of land lying in the Northeast One-quarter (NE¼) of Section 1, 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 Northwest corner of said NE¼; thence S 00º00'24" E along the West line of said NE¼ (assuming the North line of said NE¼ bears N 89º31'05" E all other bearings hereafter related thereto), a distance of 661.12 feet; thence leaving said West line N 89º30'19" E, a distance of 425.93 feet; thence S 00º29'41" E, a distance of 25.00 feet, more or less, to the Northeast corner of Lot 1, ROGER, the plat of which is recorded in Plat Book 7, at Page 51, of records of the Jefferson County Clerk and Recorder, said corner being the True Point of Beginning; thence S 89º30'19" W along the North line of said Lot 1, said North line being in common with the South right-of-way line of West 14th Avenue, a distance of 70.23 feet, more or less, to the Northwest corner of said Lot 1; thence S 00º00'44" E along the West line of said Lot 1, a distance of 16.04 feet; thence leaving said last West line N 50º20'18" E, a distance of 19.86 feet; thence N 89º30'19" E along a line parallel with the North line of said Lot 1, a distance of 54.94 feet, more or less, to the East line of said Lot 1; thence N 00º00'44" W along said East line, a distance of 3.50 feet, more or less, to the True Point of Beginning, the above described parcel contains an area of 342 square feet, more or less.

The foregoing legal description was prepared by Ted Van Horn on April 16, 2004, City of Lakewood, Property Management Division, 480 South Allison Parkway, Lakewood, Colorado 80226-3127. This is for a Permanent Easement for Utility Facilities and Traffic Control Devises and was based on the closure sheets provided by the City of Lakewood's Department of Public Works for the West 14th Avenue and Harlan Sidewalk Improvement Project.