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O-2005-39

AN ORDINANCE

AUTHORIZING A WARRANTY DEED CONVEYING A PORTION OF WESTBOROUGH PARK TO JEFFERSON COUNTY R-1 SCHOOL DISTRICT TO BE USED AS RIGHT-OF-WAY FOR THE RELOCATION OF THE WEST DARTMOUTH PLACE AT 9600 WEST DARTMOUTH PLACE; FURTHER ACCEPTING A WARRANTY DEED FROM JEFFERSON COUNTY R-1 SCHOOL DISTRICT TO THE CITY OF LAKEWOOD TO REPLACE THAT AREA OF WESTBOROUGH PARK THAT WAS CONVEYED TO JEFFERSON COUNTY R-1 SCHOOL DISTRICT FOR THE WEST DARTMOUTH RIGHT-OF-WAY.

WHEREAS, Jefferson County R-1 School District has requested the City of Lakewood convey to them by a Special Warranty Deed for a portion of Westborough Park to be used for future right-of-way for West Dartmouth Place; and

WHEREAS, Jefferson County R-1 School District shall replace that portion of Westborough Park conveyed to Jefferson County School District for future right-of-way for West Dartmouth Place by conveying a portion of Jefferson County R-1 School District's property adjacent to the western edge of said park by a Special Warranty Deed to the City of Lakewood.

WHEREAS, the Jefferson County R-1 School District Board has authorized and approved the conveyance of its property to the City, said property being the same size.

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 a Special Warranty Deed, in form approved by the City Attorney, to Jefferson County R-1 School District described in Exhibit "A" attached hereto and made a part hereof.

SECTION 2. The City of Lakewood does hereby accept the Special Warranty Deed from Jefferson County R-1 School District described in Exhibit "B" attached hereto and made a part hereof.

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 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 78º39'59" W (assuming the North line of said SW¼ bears N 89º55'29" W all other bearings hereafter related thereto), a distance of 1,668.30 feet, more or less, to the Northwest corner of Tract C, 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 Northwest corner being in common with the Southwest corner of Tract B, said WESTBOROUGH FILING NO. 2 and being the True Point of Beginning; thence S 00º14'47" E along the West line of said Tract C, a distance of 9.62 feet to a non-tangent curve; thence southeasterly along the arc said non-tangent, said non-tangent curve being to the left and having a radius of 1,531.50 feet, a central angle of 07º31'04" (whose long chord bears S 78º38'14" E, a long chord distance of 200.81 feet) an arc length of 200.95 feet, more or less, to a non-tangent curve on the southerly right-of-way line of West Dartmouth Place as shown and platted on the plat of said WESTBOROUGH FILING NO. 2; thence northwesterly along said right-of-way and along the arc said last non-tangent, said non-tangent curve being to the right and having a radius of 330.00 feet, a central angle of 20º12'40" (whose long chord bears N 64º56'02" W, a long chord distance of 115.81 feet) an arc length of 116.41 feet, more or less, to the intersection of the North line of said Tract C with said right-of-way line; thence N 89º55'29" W along the North line of said Tract C, said North line being in common with the South line of said Tract B, a distance of 91.97 feet, more or less, to the True Point of Beginning, the above described parcel contains an area of 3,242 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.

Exhibit "B"

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 78º39'59" W (assuming the North line of said SW¼ bears N 89º55'29" W all other bearings hereafter related thereto), a distance of 1,668.30 feet, more or less, to the Northwest corner of Tract C, 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 Northwest corner being in common with the Southwest corner of Tract B, said WESTBOROUGH FILING NO. 2; thence S 00º14'47" E along the West line of said Tract C, a distance of 9.62 feet to the True Point of Beginning; thence leaving said West line northwesterly along the arc of a non-tangent, said non-tangent curve being to the right and having a radius of 1,531.50 feet, a central angle of 00º17'13" (whose long chord bears N 74º44'05" W, a long chord distance of 7.67 feet) an arc length of 7.67 feet to a non-tangent line; thence S 00º14'47" E along said non-tangent line, said non-tangent line being parallel with the West line of said Tract C, a distance of 439.41 feet, more or less, to the intersection of the westerly extended South line of said Tract C with said last non-tangent line; thence N 89º45'13" E along said westerly extended South line, a distance of 7.39 feet, more or less, to the Southwest corner of said Tract C; thence N 00º14'47" W along the West line of said Tract C, a distance of 437.36 feet, more or less, to the True Point of Beginning, the above described parcel contains an area of 3,242 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, Job # GSAREASE.

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