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Ordinance O-2006-7
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O-2006-7

AN ORDINANCE

VACATING A PORTION OF INDEPENDENCE STREET RIGHT-OF-WAY AND WEST 8TH AVENUE RIGHT-OF-WAY LYING WITHIN THE CAMPUS OF LAKEWOOD HIGH SCHOOL AND FURTHER LOCATED IN THE SOUTHWEST ONE-QUARTER OF SECTION 3, TOWNSHIP 4 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF LAKEWOOD, COUNTY OF JEFFERSON, STATE OF COLORADO.

WHEREAS, Independence Street and the North one-half of the West 8th Avenue right-of-way were dedicated as part of ALEXANDER SUBDIVISION, the plat of which is recorded in Plat Book 13 at Page 56 on December 13, 1954; and,

WHEREAS, the South one-half of West 8th Avenue was dedicated as part of PLAT OF LAKEWOOD ACRES, the plat of which is recorded in Plat Book 5 at Page 94 on April 5, 1939; and,

WHEREAS, the public improvements for said Independence Street between 8th Avenue on the South and 9th Avenue on the North are not presently constructed; and

WHEREAS, the right-of-way for West 8th Avenue west of the northerly extended West right-of-way line of Independence Street as platted in said PLAT OF LAKEWOOD ACRES is on the Lakewood High School campus.

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

SECTION 1. Pursuant to Title 43, Article 2, Colorado Revised Statutes, Case No. VA-01-003, and upon a finding that the described area is no longer necessary for use by the public and that no land would by a vacation be left without an established public road connecting same with another established public road, the property described in the legal description attached hereto as EXHIBIT A be and the same is hereby vacated, provided however, that pursuant to Section 43-2-303(3), Colorado Revised Statutes, the said property described in the legal description is reserved for the continued use of telephone lines and appurtenances and for the continued use of sewer, gas, or water pipelines and appurtenances and electric lines and appurtenances, if any.

SECTION 2. The City Clerk is herby instructed to record a certified copy of this Ordinance in the records of the Jefferson County Clerk and Recorder.

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 27th day of March, 2006; published by title in the Rocky Mountain News and in full on the City of Lakewood's website, www.lakewood.org, on the 30th day of March, 2006; set for public hearing on the 10th day of April, 2006; read, finally passed and adopted by the City Council on the 10th day of April, 2006, and, signed and approved by the Mayor on the 11th day of April, 2006.

Stephen A. Burkholder, Mayor

ATTEST:
Margy Greer, City Clerk

APPROVED AS TO FORM:
Roger Noonan, City Attorney

EXHIBIT A

A parcel of land located in the Southwest one-quarter of Section 3, Township 4 South, Range 69 West of the 6th Principal Meridian, City of Lakewood, County of Jefferson, State of Colorado, being more particularly described as follows:

Beginning at the Northeast corner of Lot 6, PLAT OF LAKEWOOD ACRES, the plat of which is recorded in Plat Book 5 at Page 94 of the records of the Jefferson County Clerk and Recorder; thence West along the north line of Lots 6, 7 and 8 of said PLAT OF LAKEWOOD ACRES, said North line also being the South right-of-way line of West 8th Avenue, a distance of 306.96 feet, more or less, to the Northwest corner of Lot 8, said PLAT OF LAKEWOOD ACRES; thence North along the Western platted boundary of West 8th Avenue as platted in said PLAT OF LAKEWOOD ACRES and the ALEXANDER SUBDIVISION, the plat of which is recorded in Plat Book 13 at Page 56 of said Jefferson County records, a distance of 50 feet, more or less to the Southwest corner of Lot 64 of said ALEXANDER SUBDIVISION; thence East along the South line of said lot 64, said South line also being the North right-of-way line of West 8th Avenue, a distance of 126.5 feet to a point of platted curvature to the left; thence along said platted curve to the left in a northwesterly direction, said platted curve forming the Southeast corner of said Lot 64 and the northwest corner of the intersection of West 8th Avenue with Independence Street to a point of tangency; thence along the east property line of said Lot 64 and Lots 65 through 71 inclusive of said ALEXANDER SUBDIVISION, a distance of 580.5 feet, more or less, to a point of platted curvature; thence along said platted curve to the left, said platted curve forming the Northeast corner of Lot 71 and the Southwest corner of the intersection of Independence Street with West 9th Avenue, to a point of tangency on the north property line of said Lot 71, said point also lying on the South right-of-way line of West 9th Avenue; thence East along the southerly right-of-way line of West 9th Avenue extended to a point on a platted curve, said platted curve forming the Northwest corner of Lot 56 of said ALEXANDER SUBDIVISION and the Southeast corner of said intersection of Independence Street and West 9th Avenue; thence Southwest along said platted curve to the left to a point of tangency; thence along the West property line of said Lot 56 and Lots 57 through 63 of said ALEXANDER SUBDIVISION, a distance of 580.5 feet more or less to a point of platted curvature; thence Southeast along said platted curve to the left, said platted curve being the Southwest corner of said Lot 63 and the Northeast corner of the intersection of Independence Street and West 8th Avenue, to a point of tangency; thence East along the South property line of said Lot 63, said South property line also being the North right-of-way line of said West 8th Avenue to a point marking the intersection of said South property line with the northerly extension of the East property line of Lot 6 of said PLAT OF LAKEWOOD ACRES; thence South along said northerly extended East property line to the Point of Beginning.

The foregoing legal description was prepared by Michael J. Connor, Property Manager for the City of Lakewood, on March 2, 2006 based upon said PLAT OF LAKEWOOD ACRES and said ALEXANDER SUBDIVISION.