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2005-16

A RESOLUTION

AUTHORIZING CONDEMNATION OF PROPERTY INTERESTS ACROSS 937 AND 1061 SOUTH SHERIDAN BOULEVARD FOR THE SOUTH SHERIDAN BOULEVARD MISSISSIPPI AVENUE TO CENTER AVENUE SIDEWALK IMPROVEMENT PROJECT.

WHEREAS, the City Council of the City of Lakewood authorized condemnation of the property interests necessary to complete the South Sheridan Boulevard Mississippi Avenue to Center Avenue Sidewalk Improvement Project by Ordinance 0-2004-40 if negotiations to purchase the property were unsuccessful; and

WHEREAS, the City has negotiated in good faith with the owners of the property interests mentioned above; and

WHEREAS, the parties have been unable to agree upon the purchase of certain of the property interests needed for the Project, more particularly described in Exhibit "A," attached hereto and incorporated herein by this reference, and it is necessary for the City of Lakewood to acquire immediate possession thereof.

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

SECTION 1. The City Attorney is instructed on behalf of the City of Lakewood to exercise the power of eminent domain vested in the City and proceed immediately to condemn the property described in Exhibit "A," pursuant to the authorization contained in Ordinance 0-2004-40.

INTRODUCED, READ AND ADOPTED by a vote of 11 for and 0 against at a regular meeting of the City Council on March 28, 2005, at 7 o'clock p.m. at Lakewood Civic Center, 480 South Allison Parkway, Lakewood, Colorado.

Stephen A. Burkholder, Mayor

ATTEST:
Margy Greer, City Clerk

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EXHIBIT "A"

Legal description for a permanent easement (937 South Sheridan Boulevard)

A parcel of land lying in the Southeast One-quarter (SE¼) of Section 13, 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 Southeast corner of said SE¼; thence N 00º17'39" E along the East line of said SE¼ (assumed bearing all other bearings hereafter related thereto), a distance of 704.37 feet; thence N 89º42'21" W, a distance of 30.00 feet, more or less, to the Southeast corner of Lot 107, KELTON HEIGHTS, the plat of which is recorded in Plat Book 4, at Page 27, of the records of the Jefferson County Clerk and Recorder, said Southeast corner being the True Point of Beginning and being in common with the Northeast corner of Lot 106, said KELTON HEIGHTS, and the Northeast corner of that tract of land described in that instrument recorded at Reception Number F1044659, of said records, said corner also lying on the West right-of-way line of South Sheridan Boulevard; thence S 89º48'18" W along the South line of said Lot 107, said South line being in common with the North line of said Lot 106, and the North line of said tract, a distance of 9.40 feet; thence leaving said last South line N 00º17'39" E, a distance of 75.00 feet, more or less, to the North line of said Lot 107; thence N 89º48'18" E along said last North line, said last North line being in common with the South line of Lot 108, said KELTON HEIGHTS, and the South line of that tract of land described in that instrument recorded at Reception Number F1609317, of said records, a distance of 9.40 feet, more or less, to the Northeast corner of said Lot 107; thence S 00º17'39" W along the East line of said Lot 107, said East line being in common with said West right-of-way line, a distance of 75.00 feet, more or less, to the True Point of Beginning, the above described parcel contains an area of 705 square feet, more or less.

The foregoing legal description was prepared by Ted Van Horn on November 19, 2004, City of Lakewood, Property Management Division, 480 South Allison Parkway, Lakewood, Colorado 80226-3127. This was based on the closure sheets provided by the City of Lakewood's Department of Public Works for Parcel PE-937 for the Sheridan Sidewalk Project Phase One Mississippi to Kentucky Improvement Project.

Legal description for a temporary construction easement (937 South Sheridan Boulevard)

A parcel of land lying in the Southeast One-quarter (SE¼) of Section 13, 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 Southeast corner of said SE¼; thence N 00º17'39" E along the East line of said SE¼ (assumed bearing all other bearings hereafter related thereto), a distance of 704.37 feet; thence N 89º42'21" W, a distance of 30.00 feet, more or less, to the Southeast corner of Lot 107, KELTON HEIGHTS, the plat of which is recorded in Plat Book 4, at Page 27, of the records of the Jefferson County Clerk and Recorder; thence S 89º48'18" W along the South line of said Lot 107, said South line being in common with the North line of Lot 106, said KELTON HEIGHTS, and the North line of that tract of land described in that instrument recorded at Reception Number F1044659, of said records, a distance of 9.40 feet to the True Point of Beginning; thence continuing along said South line S 89º48'18" W, a distance of 3.00 feet; thence leaving said last South line N 00º17'39" E, a distance of 75.00, more or less, to the North line of said Lot 107; thence N 89º48'18" E along said last North line, said last North line being in common with the South line of Lot 108, said KELTON HEIGHTS, and the South line of that tract of land described in that instrument recorded at Reception Number F1609317, of said records, a distance of 3.00 feet; thence S 00º17'39" W, a distance of 75.00 feet, more or less, to the True Point of Beginning, the above described parcel contains an area of 225 square feet, more or less.

The foregoing legal description was prepared by Ted Van Horn on November 19, 2004, City of Lakewood, Property Management Division, 480 South Allison Parkway, Lakewood, Colorado 80226-3127. This was based on the closure sheets provided by the City of Lakewood's Department of Public Works for Parcel TE-937 for the Sheridan Sidewalk Project Phase One Mississippi to Kentucky Improvement Project.

Legal description for a Permanent Easement (1061 South Sheridan Boulevard)

A parcel of land lying in the Southeast One-quarter (SE¼) of Section 13, 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 Southeast corner of said SE¼; thence N 00º17'39" E along the East line of said SE¼ (assumed bearing all other bearings hereafter related thereto), a distance of 404.36 feet; thence N 89º42'21" W, a distance of 30.00 feet, more or less, to the Northeast corner of Lot 102, KELTON HEIGHTS, the plat of which is recorded in Plat Book 4, at Page 27, of the records of the Jefferson County Clerk and Recorder, said Northeast corner being the True Point of Beginning and being in common with the Southeast corner of Lot 103, said KELTON HEIGHTS, and the Southeast corner of that tract of land described in that instrument recorded at Reception Number F2080999, of said records, said corner also lying on the West right-of-way line of South Sheridan Boulevard; thence S 89º48'18" W along the North line of said Lot 102, said North line being in common with the South line of said Lot 103, and the South line of said tract, a distance of 11.00 feet; thence leaving said last North line S 00º17'41" W, a distance of 75.00 feet, more or less, to the South line of said Lot 102; thence N 89º48'18" E along said last South line, said last South line being in common with the North line of Lot 101, said KELTON HEIGHTS and the North line of that tract of land described in that instrument recorded at Reception Number F2044293, of said records, a distance of 11.00 feet, more or less, to the Southeast corner of said Lot 102; thence N 00º17'39" E along the East line of said Lot 102, said East line being in common with said West right-of-way line, a distance of 75.00 feet, more or less, to the True Point of Beginning, the above described parcel contains an area of 825 square feet, more or less.

The foregoing legal description was prepared by Ted Van Horn on November 19, 2004, City of Lakewood, Property Management Division, 480 South Allison Parkway, Lakewood, Colorado 80226-3127. This was based on the closure sheets provided by the City of Lakewood's Department of Public Works for Parcel PE-1061 for the Sheridan Sidewalk Project Phase One Mississippi to Kentucky Improvement Project.

Legal description for temporary construction easement (1061South Sheridan Boulevard)

A parcel of land lying in the Southeast One-quarter (SE¼) of Section 13, 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 Southeast corner of said SE¼; thence N 00º17'39" E along the East line of said SE¼ (assumed bearing all other bearings hereafter related thereto), a distance of 404.36 feet; thence N 89º42'21" W, a distance of 30.00 feet, more or less, to the Northeast corner of Lot 102, KELTON HEIGHTS, the plat of which is recorded in Plat Book 4, at Page 27, of the records of the Jefferson County Clerk and Recorder; thence S 89º48'18" W along the North line of said Lot 102, said North line being in common with the South line of Lot 103, and the South line of that tract described in that instrument recorded at Reception Number F2080999, of said records, a distance of 11.00 feet to the True Point of Beginning; thence continuing along said North line S 89º48'18" W, a distance of 3.00 feet; thence leaving said last North line S 00º17'39" W, a distance of 45.56 feet; thence S 90º00'00" W, a distance of 2.00 feet; thence S 00º17'39" W, a distance of 27.45 feet, more or less, to the South line of said Lot 102; thence N 89º48'18" E along said last South line, said last South line being in common with the North line of Lot 101, said KELTON HEIGHTS, and the North line of that tract of land described in that instrument recorded at Reception Number F2044293, of said records, a distance of 5.00 feet; thence N 00º17'41" E, a distance of 75.00 feet, more or less, to the True Point of Beginning, the above described parcel contains an area of 280 square feet, more or less.

The foregoing legal description was prepared by Ted Van Horn on November 19, 2004, City of Lakewood, Property Management Division, 480 South Allison Parkway, Lakewood, Colorado 80226-3127. This was based on the closure sheets provided by the City of Lakewood's Department of Public Works for Parcel TE-1061 for the Sheridan
Sidewalk Project Phase One Mississippi to Kentucky Improvement Project.