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O-2005-38

AN ORDINANCE

VACATING A PORTION OF WEST DARTMOUTH PLACE ADJACENT TO THE PROPERTY AT 3490 SOUTH KIPLING STREET (BEAR CREEK HIGH SCHOOL), CITY OF LAKEWOOD, COUNTY OF JEFFERSON, STATE OF COLORADO

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-05-005, 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 Exhibit "A" attached hereto shall be vacated upon the satisfaction of the following conditions.

A. The right-of-way for the new alignment of West Dartmouth Place has been conveyed to the City of Lakewood, at no cost to the City.

B. All existing utilities located in West Dartmouth Place have been relocated within the right-of-way of the new alignment of West Dartmouth Place, at no cost to the City, and

C. The public improvements pertaining to the new alignment of West Dartmouth Place have been constructed by Jefferson County R-1 School District and have been accepted by the City of Lakewood.

SECTION 2. The City Clerk is authorized and directed to record a certified copy of this Ordinance with the Jefferson County Clerk and Recorder.

SECTION 3. Upon the satisfaction of all three conditions contained in Section One, the City shall record an affidavit to that effect with the Jefferson County Clerk and Recorder. Upon the recording of the affidavit, this street vacation shall automatically take effect.

SECTION 4. 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 28th day of November, 2005; published by title in the Rocky Mountain News and on the City of Lakewood's website, www.lakewood.org., on the 1st day of December, 2005; set for public hearing on the 12th day of December, 2005; read, finally passed and adopted by the City Council on the 12th day of December, 2005, and signed and approved by the Mayor on the 13th day of December, 2005.

Stephen A. Burkholder, Mayor

ATTEST:
Margy Greer, City Clerk

APPROVED AS TO FORM:
Roger Noonan, City Attorney

Exhibit "A"

A parcel of land lying in the Southwest One-quarter (SW¼) 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 SW¼; thence S 75º18'58" W (assuming the North line of said SW¼ bears N 89º55'29" W all other bearings hereafter related thereto), a distance of 1,487.43 feet, more or less, to a point on a curve on the southerly right-of-way line of West Dartmouth Place as shown and platted on the plat of WESTBOROUGH FILING NO. 2, the plat of which is recorded in Plat Book 34, at Pages 33 and 34, of the records of the Jefferson County Clerk and Recorder, said point being the True Point of Beginning; thence westerly along said platted southerly right-of-way line the following four (4) courses:

1. northwesterly along the arc of said platted curve, said curve being in common with the northerly line of Tract C and B, said WESTBOROUGH FILING NO. 2, said curve being to the right and having a radius of 330.00 feet, a central angle of 47º46'54" (whose long chord bears N 41º08'56" W, a long chord distance of 267.30 feet) an arc length of 275.20 feet, more or less, to a platted point of tangency, said point of tangency being in common with the most northerly corner of said Tract B;
2. thence N 27º15'28" W along said tangent, a distance of 73.73 feet, more or less, to a platted point of curve;
3. thence northwesterly along the arc of said platted curve, said curve being to the left and having a radius of 270.00 feet, a central angle of 62º40'00", an arc length of 295.31 feet, more or less, to a platted point of tangency;
4. thence N 89º55'29" W along said tangent, a distance of 242.50 feet;thence leaving said southerly right-of-way line N 11º41'39" W, a distance of 30.64 feet, more or less, to the platted centerline of said West Dartmouth Place; thence S 89º55'29" E along said centerline, a distance of 248.75 feet, more or less, to a platted point of curve on said centerline; thence continuing along said centerline southeasterly along the arc of a curve to the right, said curve having a radius of 300.00 feet, a central angle of 15º16'37" (whose long chord bears S 82º17'09" E, a long chord distance of 79.76 feet) an arc length of 79.99 feet; thence leaving said centerline N 15º21'10" E, a distance of 30.00 feet, more or less, to a platted curve on the northerly right-of-way line of West Dartmouth Place; thence easterly along said platted northerly right-of-way line the following three (3) courses:

1. southeasterly along the arc of said platted curve, said curve being to the right and having a radius of 330.00 feet, a central angle of 47º23'20" (whose long chord bears S 50º57'09" E, a long chord distance of 265.23 feet) an arc length of 272.94 feet, more or less, to a platted point of tangency;
2. thence S 27º15'28" E along said tangent, a distance of 73.73 feet, more or less, to a platted point of curve;
3. thence southeasterly along the arc of said platted curve, said curve being to the left and having a radius of 270.00 feet, a central angle of 43º15'54" (whose long chord bears S 48º53'25" W, a long chord distance of 199.07 feet) an arc length of 203.88 feet;thence leaving said northerly right-of-way line S 19º28'37" W, a distance of 30.00 feet, more or less, to a platted curve on the centerline of said West Dartmouth Place; thence southeasterly along the arc of said platted curve, said curve being to the left and having a radius of 300.00 feet, a central angle of 04º31'00" (whose long chord bears S 72º46'53" E, a long chord distance of 23.64 feet) an arc length of 23.65 feet; thence leaving said centerline S 14º57'37" W, a distance of 30.00 feet more or less, to the True Point of Beginning, the above described parcel contains an area of 43,297 square feet, more or less.

The foregoing legal description was prepared by Ted Van Horn on November 14, 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 Jeff Trout, PLS # 33203, Registered Land Surveyor with Trout Daoud Surveying, 1008 Depot Hill Road, Broomfield, Colorado, 80020, Phone # (303) 450-5455.

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