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Ordinance O-2006-01
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DEFEATED

O-2006-1

AN ORDINANCE

TO REZONE LAND LOCATED AT 9990 WEST ALAMEDA AVENUE, CITY OF LAKEWOOD, COLORADO.

BE IT ORDAINED by the City Council of the City of Lakewood, Colorado that:

SECTION 1. Upon the application of Milestone Partners, LLC, in Lakewood Zoning Case No. RZ-04-009 and upon a recommendation of approval from the Lakewood Planning Commission, Lakewood Zoning Maps are hereby amended to include in the PD (Planned Development) zoning district to allow for the construction of 264 multi-family and live-work units, and to exclude from the 1-R (Large Lot Residential), 3-R (Duplex and Small Lot Residential), OF (Office) zone districts, the property described in Exhibit "A" attached hereto, and made a part hhereof.

SECTION 2. The Official Development Plan, Homestead Apartments O.D.P. of the above-referenced land, which was recommended for APPROVAL by the Lakewood Planning Commission on August 31, 2005, is approved and accepted subject to minor revisions that may be required to conform to current City of Lakewood regulations and completion as required in the stipulations which are a part of said O.D.P.

SECTION 3. The Mayor and Clerk of this City are hereby authorized and directed to certify the within and foregoing approval and acceptance upon said O.D.P. The Clerk of this City is hereby authorized and directed to file said O.D.P. with the Clerk and Recorder of Jefferson County, Colorado, together with a certified copy of this ordinance attached thereto, pursuant to the effective date thereof.

SECTION 4. This ordinance shall take effect forty-five (45) 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 23rd day of January, 2006; published by title in the Rocky Mountain News and in full on the City of Lakewood's website, www.lakewood.org., on the 26th day of January, 2006; set for public hearing on the 13th day of February, 2006; read, finally passed and adopted by the City Council on the _______ day of ________, 2006, and, signed and approved by the Mayor on the _____ day of ______, 2006.

Stephen A. Burkholder, Mayor

ATTEST:
Margy Greer, City Clerk

APPROVED AS TO FORM:
Roger Noonan, City Attorney Date

LEGAL DESCRIPTION
THE NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER (N ½, NW ¼, NW ¼) OF SECTION FIFTEEN (15), TOWNSHIP FOUR (4) SOUTH, RANGE SIXTY-NINE (69) WEST EXCEPT THE NORTH 150 FEET THEREOF, EXCEPT PARCELS DESCRIBED IN INSTRUMENT RECORDED JANUARY 16, 1968 IN BOOK 1992 AT PAGE 757 AND MARCH 16, 1981 AT RECEPTION NO. 81017341;

TOGETHER WITH;
THAT PORTION OF THE FOLLOWING DESCRIBED TRACT LYING WESTERLY OF THE WESTERLY LINE OF SOUTH HOYT STREET: THE SOUTH 200 FEET OF THE NORTH 350 FEET OF THE NW ¼ OF THE NE ¼ OF THE NW ¼ OF SECTION 15, TOWNSHIP 4 SOUTH, RANGE 69 WEST OF THE 6TH P.M.;

TOGETHER WITH;
LOT 7, BLOCK 6, ALAMEDA HOMES-SECOND FILING, RECORDED JANUARY 7, 1964 AT RECEPTION NO. 64023589, PLAT BOOK 25, PAGE 48 IN THE JEFFERSON COUNTY CLERK AND RECORDER'S OFFICE; EXCEPT THAT PART DESCRIBED IN DEED RECORDED SEPTEMBER 23, 1970 IN BOOK 2209 AT PAGE 656. ALL OF THE ABOVE MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 15, WHENCE THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 15 BEARS N89°33'12"E, A DISTANCE OF 1330.34 FEET; THENCE S00°00'28"E ALONG THE WEST LINE OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 15, A DISTANCE OF 150.00 FEET; THENCE N89°33'12"E PARALLEL TO THE NORTH LINE OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 15 ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF WEST ALAMEDA AVENUE, A DISTANCE OF 115.00 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF SOUTH KIPLING STREET AND THE POINT OF BEGINNING; THENCE N89°33'12"E CONTINUING ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE OF WEST ALAMEDA AVENUE AND SAID PARALLEL LINE, A DISTANCE OF 1455.95 FEET MORE OR LESS TO THE WESTERLY RIGHT-OF-WAY LINE OF SOUTH HOYT STREET; THENCE S00°08'18"W ALONG SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 200.01 FEET MORE OR LESS TO THE NORTHERLY LINE OF ALAMEDA HOMES-THIRD FILING RECORDED AT RECEPTION NO. 64031207, IN PLAT BOOK 25, PAGE 52 IN THE JEFFERSON COUNTY CLERK AND RECORDER'S OFFICE; THENCE S89°33'12"W ALONG SAID NORTHERLY LINE OF ALAMEDA HOMES-THIRD FILING, A DISTANCE OF 241.00 FEET MORE OR LESS TO THE NORTHWEST CORNER OF SAID ALAMEDA HOMES THIRD-FILING WHICH IS ALSO ON THE EAST LINE OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 15; THENCE S00°08'18"W ALONG SAID EAST LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 15, A DISTANCE OF 316.41 FEET MORE OR LESS TO THE NORTHERLY RIGHT-OF-WAY LINE OF WEST DAKOTA AVENUE: THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE BEING ALSO THE SOUTHERLY LINE OF LOT 7, BLOCK 6, ALAMEDA HOMES-SECOND FILING THE FOLLOWING TWO (2) COURSES:

1) ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 275.16 FEET, A CENTRAL ANGLE OF 05°18'31", AN ARC LENGTH OF 25.49 FEET, WHOSE CORD BEARS S62°16'01"W, A DISTANCE OF 25.49 FEET TO A POINT OF TANGENCY;

2) S59°36'45"W, A DISTANCE OF 61.16 FEET MORE OR LESS; THENCE N12°52'17"W, A DISTANCE OF 43.46 FEET TO THE NORTHERLY LINE OF SAID LOT 7, BLOCK 6, ALAMEDA HOMES-SECOND FILING; THENCE S89°37'15"W ALONG SAID NORTHERLY LINE OF BLOCK 6, A DISTANCE OF 578.69 FEET MORE OR LESS TO THE NORTHWEST CORNER OF SAID BLOCK 6
WHICH IS ALSO THE NORTHEAST CORNER OF THAT PARCEL RECORDED AT RECEPTION NO. 27510087 IN THE JEFFERSON COUNTY CLERK AND RECORDER'S OFFICE; THENCE CONTINUING S89°37'15"W ALONG THE NORTHERLY LINE OF SAID PARCEL RECORDED AT RECEPTION NO. 27510087, A DISTANCE OF 534.94 FEET TO SAID EASTERLY RIGHT-OF-WAY LINE OF SOUTH KIPLING STREET; THENCE ALONG SAID RIGHT-OF-WAY OF SOUTH KIPLING STREET THE FOLLOWING THREE (3) COURSES;

1) N00°00'28"W, A DISTANCE OF 53.14 FEET

2) S89°34'25"W, A DISTANCE OF 15.00 FEET

3) N00°00'28"W, A DISTANCE OF 461.72 FEET TO THE POINT OF BEGINNING,

CONTAINING 675,193 SQUARE FEET OR 15.50 ACRES MORE OR LESS.
COUNTY OF JEFFERSON, STATE OF COLORADO;