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Ordinance O-2005-35
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O-2005-35

AN ORDINANCE

TO REZONE LAND LOCATED AT 1065 SOUTH EATON STREET, CITY OF LAKEWOOD, JEFFERSON COUNTY, COLORADO; FURTHER, REPEALING ORDINANCE O-2005-17

WHEREAS, Ordinance 2005-17 was approved by the City of Lakewood City Council on April 11, 2005; and

WHEREAS, subsequently the approved legal description was found to be in error; and

WHEREAS, the City of Lakewood City Council approved the Lakewood Comprehensive Plan on May 12, 2003; and

WHEREAS, the Planning Commission conducted a public hearing on the rezoning request for 1065 South Eaton Street, with notice made to residents and property owners within 500 feet and published in the Lakewood Sentinel; and

WHEREAS, the City Council has conducted a public hearing on the proposed rezoning request for 1065 South Eaton Street, with notice made to residents and property owners within 500 Feet; and

WHEREAS, the City Council has considered the public testimony received, the action of the Planning Commission, and the staff report and recommendation.

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Lakewood, Colorado, that:

SECTION 1. Ordinance 2005-17 establishing zoning for the property at 1065 South Eaton Street is hereby repealed; and

SECTION 2. Upon the application of Gunvor and James Tobias in Lakewood Zoning Case No. RZ-04-010, and upon a recommendation of approval from the Lakewood Planning Commission, Lakewood Zoning Maps are hereby amended to include in the 1-R (Large Lot Residential) zoning district and to exclude from the OF (Office) zoning district the property described in Exhibit A attached hereto, and made a part hereof.

SECTION 3. This ordinance shall take effect forty-five (45) 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 26th 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 29th day of September, 2005; set for public hearing on the 10th day of October, 2005; read, finally passed and adopted by the City Council on the 10th day of October, 2005, and signed and approved by the Mayor on the 11th day of October, 2005.

Stephen A. Burkholder, Mayor

ATTEST:
Margy Greer, City Clerk


Exhibit A

LEGAL DESCRIPTION

THE SOUTH 207 FEET OF TRACT 15, KELTON HEIGHTS, COUNTY OF JEFFERSON, STATE OF COLORADO, EXCEPT THAT PORTION CONVEYED TO THE CITY OF LAKEWOOD BY INSTRUMENT RECORDED FEBRUARY 13, 2002 AT RECEPTION NO. F1423924.

TOGETHER WITH ALL DITCH, RESERVOIR AND WATER RIGHTS THERE UNTO BELONGING AND ESPECIALLY THE RIGHT TO PURCHASE ANNUALLY ½ INCH OF WATER FROM AGRICULTURAL DITCH/RESERVOIR CO. THROUGH SALISBURY LATERAL DITCH COMPANY AND THE KELTON HEIGHTS WATER COMPANY DITCHES.