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O-2005-24
AN ORDINANCE
AUTHORIZING AN EASEMENT AND RIGHT-OF-WAY AGREEMENT FOR UNDERGROUND WATER LINE AND RELATED FACILITIES TO GREEN MOUNTAIN WATER AND SANITATION DISTRICT ACROSS WILLIAM FREDERICK HAYDEN PARK, LAKEWOOD, COLORADO, FURTHER DECLARING AN EMERGENCY
WHEREAS, Green Mountain 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 as a natural open space 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, 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 for a water line, in form approved by the City Attorney, to Green Mountain 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. Emergency. This ordinance is necessary for the immediate preservation of the City of Lakewood's peace, health and safety. To keep with the project schedule so that these improvements can be constructed in the summer of 2005.
SECTION 3. This ordinance takes effect upon the Mayor's signature.
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 11th day of July, 2005; published by title in the Rocky Mountain News and on the City of Lakewood's website, www.lakewood.org., on the 14th day of July, 2005; set for public hearing on the 25th day of July, 2005; read, finally passed and adopted by the City Council on the 26th day of July, 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 Northeast One-quarter (NE¼) of Section 18, 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:
A parcel of land being 30.00 feet in width and being 15.00 feet on each side of the following described center line:
Beginning at a point on the North line of GREEN MOUNTAIN FILING NO. SEVEN, the plat of which is recorded in Plat Book 26, at Page 20, of the records of the Jefferson County Clerk and Recorder from which the Northwest corner of Lot 51, said GREEN MOUNTAIN FILING NO. SEVEN, bears S 89º48' W, along said North line (assumed bearing all other bearings hereafter related thereto), a distance of 17.00 feet, said point of beginning being the point of commencement of the herein described centerline; thence leaving said North line N 00º12' W, a distance of 135.26 feet, more or less, to a point on the South right-of-way line of West Cedar Drive as described in that instrument recorded in Book 1762, at Page 65, of said records, said last point being the point of terminus of the herein described center line. All exterior line are lengthened or shortened to their intersection points on said North line and said right-of-way line. The above described parcel contains an area of 4,058 square feet more or less.
The foregoing legal description was prepared by Ted Van Horn on June 29, 2005, City of Lakewood, Property Management Division, 480 South Allison Parkway, Civic Center South, Lakewood, Colorado 80226-3127. This was based on the legal description prepared by Robert F. Muirheid, PLS # 13225, Registered Land Surveyor with 4M Group, Inc., 7643 McLaughlin Road, Suite 204, Falcon, Colorado, 80831.
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