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O-2005-3

AN ORDINANCE

AUTHORIZING AN EASEMENT AND RIGHT-OF-WAY AGREEMENT FOR UNDERGROUND WATER LINE AND RELATED FACILITIES TO BEAR CREEK WATER AND SANITATION DISTRICT ACROSS HODGSON PARK, LAKEWOOD, COLORADO

WHEREAS, Bear Creek Water and Sanitation District has requested that the City of Lakewood convey to said District an Easement and Right-of-way Agreement for an underground water line and related appurtenances across land owned by the City; and

WHEREAS, said land owned by the City was conveyed to the City by the Bear Creek Development Corporation which was improved by the City as a neighborhood park; 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 and Right-of-way Agreement for a water line, in form approved by the City Attorney, to Bear Creek Water and Sanitation District across the land described in Exhibit "A" attached hereto and made a part hereof, for underground water line and related appurtenances.

SECTION 2. 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 24th day of January, 2005; published in full in the Lakewood Sentinel on the 27th day of January, 2005; set for public hearing on the 14th day of February, 2005; read, finally passed and adopted by the City Council on the 14th day of February, 2005; and, signed and approved by the Mayor on the 15th day of February, 2005.

Debbie Koop, Mayor Pro Tem

ATTEST:
Margy Greer, City Clerk

Approved as to form:
City Attorney

A parcel of land lying in the Southwest One-quarter (SW¼) of Section 27, 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 Southeast corner of said SW¼; thence N 50º43'53" W (assuming the South line of said SW¼ bears N 89º48'26" W all other bearings hereafter related thereto), a distance of 1,617.29 feet, more or less, to a point on the South line of that tract of land conveyed to the City of Lakewood described in that instrument recorded at Reception Number 90036505, and re-recorded at Reception Number 90041805, of the records of the Jefferson County Clerk and Recorder, said point being 31.52 feet northeasterly along said last South line measured from the Southwest corner of said tract and being the True Point of Beginning; thence S 71º49'29" W along said last South line, said South line being in common with the northerly right-of-way line of Morrison Road, a distance of 31.52 feet, more or less, to the Southwest corner of said tract; thence N 00º19'50" W along the West line of said tract, a distance of 302.72 feet, more or less, to the Northwest corner of said tract; thence S 89º54'56" E along the North line of said tract, said North line being in common with the a southerly line of COUNTRY VILLAE ESTATES FILING NO. 2, the plat of which is recorded in Plat Book 31, at Page 2, of said records, a distance of 141.51 feet; thence leaving said North line S 00º05'04" W, a distance of 30.00 feet; thence N 89º54'56" W, a distance of 111.29 feet; thence S 00º19'50" E, a distance of 262.85 feet, more or less, to the True Point of Beginning, the above described parcel contains an area of 12,276 square feet, more or less.

The foregoing legal description was prepared by Ted Van Horn on September 20, 2004, City of Lakewood, Property Management Division, 480 South Allison Parkway, Civic Center South, Lakewood, Colorado 80226-3127. This is for a water line easement and was based on the legal description prepared by Warren H. Niffenegger, LS # 35601, Registered Land Surveyor with Merrick & Company, 2450 South Peoria Street, Aurora, Colorado, 80014-5472, Phone # 303- 751-0741, Job # 20008429.

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