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O-2005-6
AN ORDINANCE
AUTHORIZING SIGNATURE OF AN EASEMENT FOR UNDERGROUND SANITARY SEWER LINE AND RELATED FACILITIES TO BEAR CREEK WATER AND SANITATION DISTRICT ACROSS BEAR CREEK GREENBELT 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 sanitary sewer line and related appurtenances across land owned by the City; and
WHEREAS, said land owned by the City was conveyed to the City by Jefferson County for open space purposes and was further accepted by the City for said purposes; and
WHEREAS, the Charter of the City of Lakewood provides, in Section 14.3 thereof, that utility easements may be granted across such land, which the City is willing to do.
WHEREAS, the conveyance of this easement is contingent on Bear Creek Water and Sanitation District obtaining an easement for a sanitary sewer line from the property owner at 9555 West Dartmouth Place.
BE IT ORDAINED by the City Council of the City of Lakewood, that:
SECTION 1. The conveyance of this easement is contingent on Bear Creek Water and Sanitation District obtaining an easement for a sanitary sewer line from the property owner at 9555 West Dartmouth Place.
SECTION 2. The City Manager is hereby authorized to execute and the City Clerk
to attest an easement for a sanitary sewer 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
sanitary sewer water line and related appurtenances.
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 14th day of February, 2005; published in full in the Lakewood Sentinel on the 17th day of February, 2005; set for public hearing on the 28th day of February, 2005; read, finally passed and adopted by the City Council on the28th day of February 2005; and, signed and approved by the Mayor on the 1st day of March, 2005.
Stephen A. Burkholder, Mayor
ATTEST:
Margy Greer, City Clerk
Approved as to form:
City Attorney
Exhibit "A"
A parcel of land lying in the Northwest One-quarter (NW¼) of Section 34, 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 Northeast corner of said NW¼; thence S 17º17'21" W (assuming the North line of said NW¼ bears N 89º48'26" W all other bearings hereafter related thereto), a distance of 1,611.18 feet, more or less, to a point on the southerly line of the existing 30 foot Metro Wastewater easement described in that instrument recorded in Book 2204, at Page 775, of the records of the Jefferson County Clerk and Recorder, said point being the True Point of Beginning; thence departing said southerly line S 07º14'26" W, a distance of 55.55 feet; thence S 70º48'45" E, a distance of 292.04 feet; thence S 11º57'02" W, a distance of 102.46 feet; thence S 05º38'11" W, a distance of 169.57 feet; thence S 57º20'07" W, a distance of 96.67 feet, more or less, to the West line of the East One-half (E½) of the East One-half (E½) of the Southeast One-quarter (SE¼) of said NW¼, said West line being in common with the West line of that tract of land conveyed to the City of Lakewood described in that instrument recorded in Book 2817, at Page 884, of said records; thence N 00º05'58" W along said West line, a distance of 35.60 feet; thence leaving said West line N 57º20'07" E, a distance of 62.98 feet; thence N 05º38'11" E, a distance of 156.69 feet; thence N 11º57'02" E, a distance of 77.68 feet; thence N 70º48'45" W, a distance of 289.93 feet; thence N 07º14'26" E, a distance of 55.90 feet, more or less, to the southerly line of said Metro Wastewater easement; thence N 58º37'37" E along said last southerly line, a distance of 38.39 feet, more or less, to the True Point of Beginning, the above described parcel contains an area of 26,484 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 sanitary sewer 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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