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AN ORDINANCE

VACATING A PORTION OF GLADIOLA STREET RIGHT-OF-WAY LYING BETWEEN WEST 7TH AVENUE AND WEST 8TH AVENUE IN THE CITY OF LAKEWOOD

WHEREAS, Gladiola Street was dedicated as part of PLEASANT HEIGHTS subdivision, the plat of which is recorded in Plat Book 14 at Page 50 on June 4, 1955 as well as separate deeds to Jefferson County; and,

WHEREAS, the public improvements for said Gladiola Street between 7th Avenue on the South and 8th Avenue on the North are not presently constructed; and

NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Lakewood, Colorado, 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. This Ordinance shall take effect thirty (30) days after final publication.

SECTION 3. The City Clerk is herby instructed to record a certified copy of this Ordinance in the records of the Jefferson County Clerk and Recorder.

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 28th day of March, 2005; published in full in the Lakewood Sentinel on the 31th day of March, 2005; set for public hearing on the 11th day of April, 2005; read, finally passed and adopted by the City Council on the 11th day of April 2005; and, signed and approved by the Mayor on the 12th day of April, 2005.

Stephen A. Burkholder, Mayor

ATTEST:
Margy Greer, City Clerk

Approved as to form:
City Attorney

EXHIBIT A

A PARCEL OF LAND BEING A PORTION OF GLADIOLA STREET AS PARTIALLY DEFINED BY THE FINAL PLAT OF PLEASANT HEIGHTS IN PLAT BOOK 14 AT PAGE 50 OF THE JEFFERSON COUNTY RECORDS, AND PARTIALLY DEFINED IN THAT WARRANTY DEED RECORDED JUNE 14, 1955 IN BOOK 929 AT PAGE 243 OF SAID RECORDS, LYING IN THE SOUTHWEST QUARTER OF SECTION 6, TOWNSHIP 4 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF LAKEWOOD, COUNTY OF JEFFERSON, STATE OF COLORADO, DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 6; THENCE N 00°08'27" W, ALONG THE WESTERLY LINE OF SAID SOUTHWEST QUARTER, 1321.80 FEET TO THE NORTHERLY LINE OF SAID SOUTH HALF OF THE SOUTHWEST QUARTER;
THENCE N 89°59'17" E, ALONG SAID NORTHERLY LINE, 851.35 FEET TO THE N.W. CORNER OF THE N.E. 1/4, N.E. 1/4, S.W. 1/4, S.W. 1/4 OF SECTION 6; THENCE S 00°12'17" E, ALONG THE WEST LINE OF THE N.E. 1/4, N.E. 1/4, S.W. 1/4, S.W. 1/4 OF SAID SECTION 6, 124.65 FEET TO THE WESTERLY EXTENSION OF THE NORTHERLY LINE OF THAT PARCEL DESCRIBED AND RECORDED IN BOOK 2676 AT PAGE 392, BEING THE POINT OF BEGINNING;

THENCE N 89°59'03" E, ALONG SAID WESTERLY EXTENSION, 25.00 FEET TO THE EASTERLY
RIGHT-OF-WAY LINE OF GLADIOLA STREET AS DEFINED BY SAID PLEASANT HEIGHTS;
THENCE S 00°12'17" E, ALONG SAID EASTERLY RIGHT-OF-WAY LINE, 205.63 FEET TO THE SOUTH LINE OF
SAID N.E. 1/4, N.E. 1/4, S.W. 1/4, S.W. 1/4 OF SAID SECTION 6;
THENCE S 89°58'47" W, ALONG SAID SOUTH LINE, 45.00 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF
SAID GLADIOLA STREET AS DEFINED BY SAID WARRANTY DEED RECORDED IN BOOK 929 AT PAGE 243;
THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE, THE FOLLOWING THREE (3) COURSES:

1. N 0012'17" W, 20 FEET WESTERLY FROM AND PARALLEL WITH THE WEST LINE OF SAID N.E. 1/4,
N.E. 1/4, S.W. 1/4, S.W. 1/4, 5.96 FEET TO A POINT ON A CURVE WHOSE CENTER BEARS N 29°47'54" E,
45.0 FEET;

2. 94.24 FEET ALONG A CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 119"59'3r, TO A NON-
TANGENT LINE, BEING 20 FEET WESTERLY FROM AND PARALLEL WITH THE WEST LINE OF SAID
N.E. 1/4, N.E. 1/4, S.W. 1/4, S.W. 1/4 OF SAID SECTION 6,

3. N00°12'17" W, ALONG SAID NON-TANGENT LINE, 121.73 FEET TO THE WESTERLY EXTENSION OF
THE NORTHERLY LINE OF SAID PARCEL DESCRIBED AND RECORDED IN BOOK 2676 AT PAGE 392;
THENCE N 89°59'03" E, ALONG SAID WESTERLY EXTENSION, 20.00 FEET TO THE POINT OF BEGINNING, CONTAINING 10,497 SQUARE FEET, MORE OR LESS.
THE BASIS OF BEARINGS FOR THE ABOVE DESCRIBED PARCEL IS THE WEST LINE OF THE SOUTHWEST QUARTER OF SECTION 6 BEING ASSUMED TO BEAR N 00°08' 27' W.
PREPARED BY DOUGLAS LENDA UNDER THE SUPERVISION OF ROBERT A, BOEHM, PLS NO. 34992.
FOR AND ON BEHALF OF FARNSWORTH GROUP, INC.

Map of Exhibit A

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