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2005-55

A RESOLUTION

AUTHORIZING CONDEMNATION OF PROPERTY INTERESTS ACROSS 8787 WEST ALAMEDA AVENUE FOR THE SOUTH LAKEWOOD GULCH AT COLORADO CHRISTIAN UNIVERSITY AND MILE HIGH CHURCH PROJECT

WHEREAS, the City Council of the City of Lakewood authorized condemnation of the property interests necessary to complete the South Lakewood Gulch at Colorado Christian University and Mile High Church Project by Ordinance O-2005-8 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 O-2005-8.

INTRODUCED, READ AND ADOPTED by a vote of 8 For and 0 Against at a regular meeting of the City Council on September 26, 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 Permanent Easement (Parcel PE-8787)

A parcel of land lying in the Southeast One-quarter (SE¼) of Section 10, 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 Southwest corner of said SE¼; thence S 89º46'19" E along the South line of said SE¼ (assumed bearing all other bearings hereafter related thereto), a distance of 1,018.99 feet; thence leaving said South line N 00º13'41" E, a distance of 50.00 feet, more or less, to a southwesterly corner of Lot 1, Block 1, ROCKMONT COLLEGE SUBDIVISION, the plat of which is recorder in Plat Book 55, at Page 58, of the records of the Jefferson County Clerk and Recorder, said southwesterly corner being in common with the Southeast corner of Lot 3, Block 1, GARRISON SUBDIVISION FILING NO. 2, the plat of which is recorded in Plat Book 73, at Page 44, of said records and also lying on the North Right-of-way line of West Alameda Avenue and being the True Point of Beginning; thence northerly and westerly along the westerly line of said Lot 1, said westerly line being in common with the easterly line of said Lot 3, the following five (5) courses:

1. N 00º00'54" E, a distance of 98.28 feet, more or less, to a platted corner;
2. thence N 70º01'11" E, a distance of 126.66 feet, more or less, to a platted corner;
3. thence N 15º39'11" E, a distance of 166.70 feet, more or less, to a platted corner;
4. thence N 15º05'49" W, a distance of 76.70 feet, more or less, to a platted corner;
5. thence S 85º15'11" W, a distance of 79.46 feet to a non-tangent point of curve;

thence leaving said westerly line northwesterly along the arc of said non-tangent curve, said non-tangent curve being to the left and having a radius of 44.36 feet, a central angle of 40º25'14" (whose long chord bears N 32º47'39" W, a long chord distance of 30.65 feet), an arc length of 31.29 feet to a point of non-tangency; thence N 49º59'13" W along a non-tangent line, a distance of 119.82 feet to a non-tangent curve; thence northwesterly along the arc of said non-tangent curve, said non-tangent curve being to the right and having a radius of 36.88 feet, a central angle of 102º29'47" (whose long chord bears N 04º40'28" E, a long chord distance of 57.52 feet), an arc length of 65.97 feet to a point of non-tangency; thence N 66º08'36" E along a non-tangent line, a distance of 183.64 feet; thence N 04º48'40" E, a distance of 32.91 feet; thence N 19º47'06" W, a distance of 56.64 feet; thence N 37º49'33" E, a distance of 154.80 feet; thence N 73º19'22" E, a distance of 58.92 feet; thence S 78º49'04" E, a distance of 95.32 feet; thence N 85º57'24" E, a distance of 40.43 feet; thence N 19º44'27" E, a distance of 25.94 feet; thence S 39º28'19" E, a distance of 37.63 feet; thence S 68º52'07" E, a distance of 121.43 feet; thence N 87º44'13" E, a distance of 94.24 feet; thence N 65º14'35" E, a distance of 166.31 feet; thence S 00º28'36" W, a distance of 44.22 feet; thence S 65º14'35" W, a distance of 115.05 feet; thence S 63º33'21" W, a distance of 90.33 feet; thence S 25º00'02" W, a distance of 44.86 feet; thence S 16º46'20" W, a distance of 78.76 feet; thence S 15º46'57" E, a distance of 64.19 feet; thence S 36º41'39"W, a distance of 22.37 feet; thence S 86º24'45" W, a distance of 25.76 feet; thence S 33º37'10" W, a distance of 262.31 feet; thence S 44º28'06" W, a distance of 45.19 feet; thence S 39º27'14" W, a distance of 142.25 feet; thence S 32º05'07" W, a distance of 47.38 feet; thence S 27º21'28" W, a distance of 53.92 feet; thence S 45º01'16" W, a distance of 48.41 feet; thence
S 08º32'41" W, a distance of 26.79 feet, more or less, to the South line of said Lot 1; thence N 89º46'19" W along said last South line, said last South line being in common with said North right-of-way line, a distance of 184.60 feet, more or less, to the True Point of Beginning, the above described parcel contains an area of 296,794 square feet, more or less.

The foregoing legal description was prepared by Ted Van Horn on April 28, 2005, City of Lakewood, Property Management Division, 480 South Allison Parkway, Lakewood, Colorado 80226-3127. This is a storm drainage easement for Parcel PE-8787 for the South Lakewood Gulch Drainage Improvements at Colorado Christian University and Mile Hi Church Project and was based on the closure sheets provided by the City of Lakewood's Department of Public Works.

Legal description for Temporary Construction Easement (Parcel TE 8787)

Three parcels of land lying in Lot 1, Block 1, ROCKMONT COLLEGE SUBDIVISION, the plat of which is recorder in Plat Book 55, at Page 58, of the records of the Jefferson County Clerk and Recorder located in the Southeast One-quarter (SE¼) of Section 10, 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 Southwest corner of said SE¼; thence S 89º46'19" E along the South line of said SE¼ (assumed bearing all other bearings hereafter related thereto), a distance of 1,082.41 feet; thence leaving said South line N 00º13'41" E, a distance of 419.80 feet, more or less, to a point on the westerly line of said Lot 1, said point being the True Point of Beginning and being a point of a non-tangent curve; thence leaving said westerly line northwesterly along the arc of said non-tangent curve, said non-tangent curve being to the left and having a radius of 44.36 feet, a central angle of 40º25'14" (whose long chord bears N 32º47'39" W, a long chord distance of 30.65 feet), an arc length of 31.29 feet to a point of non-tangency; thence N 49º59'13" W along a non-tangent line, a distance of 119.82 feet to a non-tangent curve; thence northwesterly along the arc of said non-tangent curve, said non-tangent curve being to the right and having a radius of 36.88 feet, a central angle of 102º29'47" (whose long chord bears N 04º40'28" E, a long chord distance of 57.52 feet), an arc length of 65.97 feet to a point of non-tangency; thence N 66º08'36" E along a non-tangent line, a distance of 183.64 feet; thence N 04º48'40" E, a distance of 32.91 feet; thence N 19º47'06" W, a distance of 56.64 feet; thence N 37º49'33" E, a distance of 154.80 feet; thence N 73º19'22" E, a distance of 58.92 feet; thence S 78º49'04" E, a distance of 95.32 feet; thence N 85º57'24" E, a distance of 40.43 feet; thence N 19º44'27" E, a distance of 25.94 feet; thence S 39º28'19" E, a distance of 37.63 feet; thence S 68º52'07" E, a distance of 121.43 feet; thence N 87º44'13" E, a distance of 18.42 feet; thence N 07º01'50" E, a distance of 29.61 feet; thence N 69º57'19" E, a distance of 95.93 feet; thence N 33º57'53" W, a distance of 42.51 feet; thence S 68º37'17" W, a distance of 52.23 feet; thence S 16º20'13" W, a distance of 28.73 feet; thence N 83º21'48" W, a distance of 137.18 feet; thence S 77º43'39" W, a distance of 40.68 feet; thence S 43º17'14" W, a distance of 158.18 feet; thence S 12º06'45" E, a distance of 18.95 feet; thence S 59º07'39" W, a distance of 11.15 feet; thence S 21º05'32" E, a distance of 70.95 feet; thence S 65º42'48" W, a distance of 217.64 feet; thence S 01º17'10" W, a distance of 40.00 feet; thence S 37º20'52" E, a distance of 125.00 feet; thence S 00º00'54" W, a distance of 25.38 feet; thence N 85º15'11" E, a distance of 65.00 feet, more or less, to the True Point of Beginning, the above described parcel contains an area of 18,994 square feet, more or less.

Parcel Two

Commencing at the Southwest corner of said SE¼; thence S 89º46'19" E along the South line of said SE¼ (assumed bearing all other bearings hereafter related thereto), a distance of 1,557.02 feet; thence leaving said South line N 00º13'41" E, a distance of 560.67 feet to the True Point of Beginning; thence S 79º35'09" E, a distance of 22.98 feet; thence N 78º34'39" E, a distance of 30.06 feet; thence N 00º10'00" E, a distance of 85.04 feet; thence N 09º28'55" E, a distance of 96.06 feet; thence N 29º52'26" E, a distance of 29.38 feet; thence S 63º33'21" W, a distance of 21.74 feet; thence S 25º00'02" W, a distance of 44.86 feet; thence S 16º46'20" W, a distance of 78.76 feet; thence S 15º46'57" E, a distance of 64.19 feet; thence S 36º41'39"W, a distance of 22.37 feet; thence S 86º24'45" W, a distance of 25.76 feet, more or less, to the True Point of Beginning, the above described parcel contains an area of 4,384 square feet, more or less.

Parcel Three:

Commencing at the Southwest corner of said SE¼; thence S 89º46'19" E along the South line of said SE¼ (assumed bearing all other bearings hereafter related thereto), a distance of 1,215.02 feet; thence leaving said South line N 00º13'41" E, a distance of 50.00 feet, more or less, to the South line of said Lot1, said point being the True Point of Beginning; thence leaving said Last South line N 09º55'39" E, a distance of 23.65 feet; thence N 43º07'27" E, a distance of 50.43 feet; thence N 15º01'21" E, a distance of 50.26 feet; thence S 27º21'28" W, a distance of 53.92 feet; thence S 45º01'16" W, a distance of 48.41 feet; thence S 08º32'41" W, a distance of 26.79 feet, more or less, to the South line of said Lot 1; thence S 89º46'19" E along said last South line, said last South line being in common with the North right-of-way line of West Alameda Avenue, a distance of 11.43 feet, more or less, to the True Point of Beginning, the above described parcel contains an area of 1,062 square feet, more or less.

The foregoing legal description was prepared by Ted Van Horn on April 28, 2005, City of Lakewood, Property Management Division, 480 South Allison Parkway, Lakewood, Colorado 80226-3127. This is a Temporary Construction Easement for Parcel TE-8787 for the South Lakewood Gulch Drainage Improvements at Colorado Christian University and Mile Hi Church Project and was based on the closure sheets provided by the City of Lakewood's Department of Public Works.