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O-2005-33

AN ORDINANCE

TO VACATE TELLER STREET RIGHT-OF-WAY LOCATED BETWEEN WEST COLFAX AVENUE AND WEST 14TH AVENUE, LAKEWOOD, COLORADO.

WHEREAS, the Teller Street right-of-way between West Colfax Avenue and West 14th Avenue was shown and platted by the plat of LAKEWOOD, of the records of the Jefferson County Clerk and Recorder's office; and

WHEREAS, said right-of-way is no longer necessary as a result of the re-development of the properties adjacent to both sides of Teller Street between West Colfax Avenue and West 14th Avenue.

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-05-003, 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 land described in Exhibit "A" attached hereto and made a part hereof, 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. This vacation is conditioned upon and shall be subject to:

A. The developer acquiring all property adjacent to the portion of Teller Street proposed to be vacated as well as other parcels necessary for the redevelopment.

B. The approval of Rezoning Case No. RZ-05-006 re-zoning the properties adjacent to both sides of Teller Street.

C. The developer submitting an approved and executed mylar ready for recordation which effectively re-plats the entire development area and showing the area of Teller Street being vacated.

SECTION 2. This vacation is effective only at such time as the Ordinance is recorded by the City Clerk or Title Agent at the Clerk and Recorder of Jefferson County.

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 12th day of September, 2005; published by title in the Rocky Mountain News and on the City of Lakewood's website, www.lakewood.org., on the 15th day of September, 2005; set for public hearing on the 26th day of September, 2005; read, finally passed and adopted by the City Council on the 26th day of September, 2005; and signed and approved by the Mayor on the 27th day of September, 2005.

Stephen A. Burkholder, Mayor

ATTESTED AND CERTIFIED:

Margy Greer, City Clerk

Approved as to form:

City Attorney

Exhibit "A"

A parcel of land located in the Northeast One-quarter (NE¼) of Section 2, 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:

Beginning at the intersection of the East line of the vacated West 20 feet of Teller Street right-of-way shown and platted as 12th Avenue on the plat of LAKEWOOD, the plat of which is recorded in Plat Book 2, at Pages 14 and 15, of the records of the Jefferson County Clerk and Recorder, described in that instrument recorded in Book 310, at Page 134, of said records, with the North right-of-way line of West 14th Avenue (platted as Jefferson); thence easterly along the easterly extended North right-of-way line of West 14th Avenue, a distance of 40.00 feet, more or less, to the West line of the vacated East 20.00 feet of Teller Street described in said Book 310, at Page 134; thence northerly along said last West line to the intersection of said last West line with the South right-of-way line of West Colfax Avenue; thence westerly along said South right-of-way line, a distance of 40.00 feet, more or less, to the intersection of said South right-of-way line with the East line of said vacated West 20.00 feet of Teller Street; thence southerly along said last East line to the point of beginning.

The foregoing legal description was prepared by Ted Van Horn on August 4, 2005, City of Lakewood, Property Management Division, 480 South Allison Parkway, Civic Center South, Lakewood, Colorado, 80226-3127. This was based on the recorded plat of said LAKEWOOD.

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