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2005-30

A RESOLUTION

AUTHORIZING CONDEMNATION OF PROPERTY INTERESTS ACROSS 10051 AND 10071 WEST 9TH PLACE AND 1001 AND 1005 KIPLING STREET FOR THE 8TH PLACE AND KIPLING STREET DRAINAGE IMPROVEMENT PROJECT.

WHEREAS, the City Council of the City of Lakewood authorized condemnation of the property interests necessary to complete the 8th Place and Kipling Street Drainage Improvement Project by Ordinance 0-2004-45 and O-2005-1 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 0-2004-45 and O-2005-1.

INTRODUCED, READ AND ADOPTED by a vote of 11 for and 0 against at a regular meeting of the City Council on May 2, 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 temporary construction easement (10051 West 9th Place)

A parcel of land lying in the Southeast One-quarter (SE¼) of Section 4, 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 SE¼; thence S 89º22'58" W along the North line of said SE¼ (assumed bearing all other bearings hereafter related thereto), a distance of 88.63 feet, more or less, the Northeast corner of that platted easement adjacent to the westerly line of Lot 6, Block 1, CEDAR CREST, the plat of which is recorded in Plat Book 10, at Page 53, of the records of the Jefferson County Clerk and Recorder; thence S 32º02'03" W along the easterly line of said platted easement, a distance of 234.37 feet to the True Point of Beginning; thence continuing along said easterly line S 32º02'03" W, a distance of 70.52 feet, more or less, to a point on a platted non-tangent curve; thence southeasterly along said non-tangent curve, said curve being to the right and having a radius of 175.00, a central angle of 01º38'18" (whose long chord bears S 55º42'14" E, a long chord distance of 5.00 feet), an arc length of 5.00 feet; thence leaving said curve N 32º02'03" E, a distance of 70.72 feet; thence N 57º57'57" W, a distance of 5.00 feet, more or less, to the True Point of Beginning, the above described parcel contains an area of 353 square feet, more or less.

The foregoing legal descriptions were prepared by Ted Van Horn on December 30, 2004, City of Lakewood, Property Management Division, 480 South Allison Parkway, Lakewood, Colorado 80226-3127. This is Parcels TE-10051 for the West 8th Place & Kipling Street Drainage Improvement Project and was based on the closure sheets provided by the City of Lakewood's Department of Public Works.

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Legal description for temporary construction easement (10071 West 9th Place)

Two parcels of land lying in the Southeast One-quarter (SE¼) of Section 4, 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:

Parcel One:

Commencing at the Northeast corner of said SE¼; thence S 89º22'58" W along the North line of said SE¼ (assumed bearing all other bearings hereafter related thereto), a distance of 112.39 feet, more or less, the Northwest corner of that platted easement adjacent to the easterly line of Lot 7, Block 1, CEDAR CREST, the plat of which is recorded in Plat Book 10, at Page 53, of the records of the Jefferson County Clerk and Recorder; thence S 32º02'03" W along the westerly line of said platted easement, a
distance of 272.70 feet to the True Point of Beginning; thence continuing along said westerly line S 32º02'03" W, a distance of 20.00 feet, more or less, to a point on a platted non-tangent curve; thence northwesterly along said non-tangent curve, said curve being to the left and having a radius of 175.00, a central angle of 03º17'51" (whose long chord bears N 64º43'36" W, a long chord distance of 10.07 feet), an arc length of 10.07 feet; thence leaving said curve N 32º02'03" E, a distance of 20.19 feet; thence S 63º38'11" E, a distance of 10.05 feet, more or less, to the True Point of Beginning, the above described parcel contains an area of 200 square feet, more or less.

Parcel Two:

Commencing at the Northeast corner of said SE¼; thence S 89º22'58" W along the North line of said SE¼ (assumed bearing all other bearings hereafter related thereto), a distance of 112.39 feet to the True Point of Beginning, said True Point of Beginning lying on the North line of Lot 7, Block 1, CEDAR CREST, the plat of which is recorded in Plat Book 10, at Page 53, of the records of the Jefferson County Clerk and Recorder and being in common with the Northwest corner of that platted easement adjacent to the easterly line of said Lot 7; thence S 32º02'03" W along the westerly line of said platted easement, a distance of 227.37 feet; thence leaving said westerly line N 57º57'57" W, a distance of 15.00 feet; thence N 32º02'03" E, a distance of 217.76 feet, more of less, to the North line of said Lot 7; thence N 89º22'58" E along said last North line, said North line being in common with the North line of said SE¼, a distance of 17.82 feet, more or less, to the True Point of Beginning, the above described parcel contains an area of 3,339 square feet, more or less.

The foregoing legal descriptions were prepared by Ted Van Horn on December 30, 2004, City of Lakewood, Property Management Division, 480 South Allison Parkway, Lakewood, Colorado 80226-3127. This is Parcels TE-10071A and TE 10071B for the West 8th Place & Kipling Street Drainage Improvement Project and was based on the closure sheets provided by the City of Lakewood's Department of Public Works.

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Legal description for Permanent Easement (1001 Kipling Street)

A parcel of land lying in the Northeast One-quarter (NE¼) of Section 4, 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 NE¼; thence S 89º22'58" W along the South line of said NE¼ (assumed bearing all other bearings hereafter related thereto), a distance of 60.02 feet, more or less, the Southwest corner of that tract of land conveyed to the Colorado Department of Transportation for the Wadsworth Boulevard right-of-way
described in that instrument recorded in Book 1832, at Page 632, of the records of the Jefferson County Clerk and Recorder, said corner being the True Point of Beginning;
thence northerly along the westerly line of said tract the following two (2) courses:

1. N 00º14'49" E, a distance of 71.88 feet, more or less, to an angle point;

2. thence continuing along said right-of-way N 15º10'49" E, a distance of 45.86 feet, more or less, to the Northwest corner of said tract, said Northwest corner also being in common with the Northeast corner of that tract of land described in that in that instrument recorded at Reception Number F0516198, of said records; thence S 89º22'58" W along the North line of that tract described in said Reception Number F0516198, said North line being in common with the South line of that tract described in Book 2857, at Page 799, of said records, a distance of 240.02 feet; thence leaving said North line S 71º24'46" E, a distance of 85.42 feet; thence S 30º05'47" E, a distance of 31.64 feet; thence S 00º25'18" E, a distance of 60.36 feet, more or less, to the South line of that tract described in said Reception Number F0516198; thence N 89º22'58" E along said South line, said South line being in common with the South line of said NE¼ and the North line of CEDAR CREST subdivision, the plat of which is recorded in Plat Book 10, at Page 53, of said records, a distance of 130.42 feet, more or less, to the True Point of Beginning, the above described parcel contains an area of 17,259 square feet, more or less.

The foregoing legal descriptions were prepared by Ted Van Horn on December 30, 2004, City of Lakewood, Property Management Division, 480 South Allison Parkway, Lakewood, Colorado 80226-3127. This is Parcels PE-1001 for the West 8th Place & Kipling Street Drainage Improvement Project and was based on the closure sheets provided by the City of Lakewood's Department of Public Works.

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Legal description for permanent easement (1005 Kipling Street)

A parcel of land lying in the Northeast One-quarter (NE¼) of Section 4, 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 NE¼; thence N 00º14'49" E along the East line of said NE¼ (assumed bearing all other bearings hereafter related thereto), a distance of 116.01 feet; thence S 89º22'58" W, a distance of 105.06 feet to the True Point of Beginning, said True Point of Beginning lying on the South line of that tract of land described in that instrument recorded in Book 2857, at Page 799, of the records of the Jefferson County Clerk and Recorder; thence continuing S 89º22'58" W along said last South line, said last South line being in common with the North line of that tract of land described in that instrument recorded at Reception Number F0516198, of said records, a distance of 189.97 feet; thence leaving said last South line N 00º14'49" E, a distance of 48.97 feet; thence S 79º20'26" E, a distance of 96.77 feet; thence S 72º57'03" E, a distance of 99.00 feet, more or less, to the True Point of Beginning, the above described parcel contains an area of 5,185 square feet, more or less.

The foregoing legal descriptions were prepared by Ted Van Horn on December 30, 2004, City of Lakewood, Property Management Division, 480 South Allison Parkway, Lakewood, Colorado 80226-3127. This is Parcels PE-1005 for the West 8th Place & Kipling Street Drainage Improvement Project and was based on the closure sheets provided by the City of Lakewood's Department of Public Works.