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AN ORDINANCE

CORRECTING THE ERROR IN THE LEGAL DESCRIPTION IN ORDINANCE O-2005-38, WHICH VACATED A PORTION OF WEST DARTMOUTH PLACE ADJACENT TO THE PROPERTY AT 3490 SOUTH KIPLING STREET (BEAR CREEK HIGH SCHOOL), CITY OF LAKEWOOD, COUNTY OF JEFFERSON, STATE OF COLORADO, FURTHER DECLARING AN EMERGENCY.

WHEREAS, on December 12, 2006, the City Council adopted Ordinance 2005-38 vacating a portion of West Dartmouth Place in order to accommodate the construction of a new Bear Creek Elementary School; and,

WHEREAS, it has been determined that an error was made in the legal description that needs to be corrected.

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

SECTION 1. The legal description in O-2005-38, recorded at Reception Number 2006008062, of the records of the Jefferson County Clerk and Recorder, is hereby corrected to read as described in Exhibit A attached hereto and made a part hereof.

SECTION 2. All of the conditions specified in O-2005-38 still remain in affect.

SECTION 3. The City Clerk is authorized and directed to record a certified copy of this Ordinance with the Jefferson County Clerk and Recorder.

SECTION 4. Emergency. This ordinance is necessary for the immediate preservation of the City of Lakewood's peace, health and safety. The immediate approval of the ordinance is necessary to allow Jefferson County R-1 School District to construct a new road and school in a timely manner to coincide with the beginning of the school year.

SECTION 5. This ordinance shall take effect upon the Mayor's signature.

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 10th day of April, 2006; published by title in the Rocky Mountain News and in full on the City of Lakewood's website, www.lakewood.org, on the 13th day of April, 2006; set for public hearing on the 24th day of April, 2006; read, finally passed and adopted by the City Council on the 24th day of April, 2006, and, signed and approved by the Mayor on the 25th day of April, 2006.

Stephen A. Burkholder, Mayor

ATTEST:
Margy Greer, City Clerk

APPROVED AS TO FORM:
Roger Noonan, City Attorney Date

Exhibit "A"

A parcel of land lying in the Southwest One-quarter (SW¼) of Section 34, 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 SW¼; thence S 75º18'58" W (assuming the North line of said SW¼ bears N 89º55'29" W all other bearings hereafter related thereto), a distance of 1,487.43 feet, more or less, to a point on a curve on the southerly right-of-way line of West Dartmouth Place as shown and platted on the plat of WESTBOROUGH FILING NO. 2, the plat of which is recorded in Plat Book 34, at Pages 33 and 34, of the records of the Jefferson County Clerk and Recorder, said point being the True Point of Beginning; thence westerly along said platted southerly right-of-way line the following four (4) courses:

1. northwesterly along the arc of said platted curve, said curve being in common with the northerly line of Tract C and B, said WESTBOROUGH FILING NO. 2, said curve being to the right and having a radius of 330.00 feet, a central angle of 47º46'54" (whose long chord bears N 51º08'56" W, a long chord distance of 267.30 feet) an arc length of 275.20 feet, more or less, to a platted point of tangency, said point of tangency being in common with the most northerly corner of said Tract B;

2. thence N 27º15'28" W along said tangent, a distance of 73.73 feet, more or less, to a platted point of curve;

3. thence northwesterly along the arc of said platted curve, said curve being to the left and having a radius of 270.00 feet, a central angle of 62º40'00", an arc length of 295.31 feet, more or less, to a platted point of tangency;

4. thence N 89º55'29" W along said tangent, a distance of 242.50 feet;
thence leaving said southerly right-of-way line N 11º41'39" W, a distance of 30.64 feet, more or less, to the platted centerline of said West Dartmouth Place; thence S 89º55'29" E along said centerline, a distance of 248.75 feet, more or less, to a platted point of curve on said centerline; thence continuing along said centerline southeasterly along the arc of a curve to the right, said curve having a radius of 300.00 feet, a central angle of 15º16'37" (whose long chord bears S 82º17'09" E, a long chord distance of 79.76 feet) an arc length of 79.99 feet; thence leaving said centerline N 15º21'10" E, a distance of 30.00 feet, more or less, to a platted curve on the northerly right-of-way line of West Dartmouth Place; thence easterly along said platted northerly right-of-way line the following three (3) courses:

1. southeasterly along the arc of said platted curve, said curve being to the right and having a radius of 330.00 feet, a central angle of 47º23'20" (whose long chord bears S 50º57'09" E, a long chord distance of 265.23 feet) an arc length of 272.94 feet, more or less, to a platted point of tangency;

2. thence S 27º15'28" E along said tangent, a distance of 73.73 feet, more or less, to a platted point of curve;

3. thence southeasterly along the arc of said platted curve, said curve being to the left and having a radius of 270.00 feet, a central angle of 43º15'54" (whose long chord bears S 48º53'25" W, a long chord distance of 199.07 feet) an arc length of 203.88 feet;
thence leaving said northerly right-of-way line S 19º28'37" W, a distance of 30.00 feet, more or less, to a platted curve on the centerline of said West Dartmouth Place; thence southeasterly along the arc of said platted curve, said curve being to the left and having a radius of 300.00 feet, a central angle of 04º31'00" (whose long chord bears S 2º46'53" E, a long chord distance of 23.64 feet) an arc length of 23.65 feet; thence leaving said centerline S 14º57'37" W, a distance of 30.00 feet more or less, to the True Point of Beginning, the above described parcel contains an area of 43,297 square feet, more or less.

The foregoing legal description was prepared by Ted Van Horn on November 14, 2005, City of Lakewood, Property Management Division, 480 South Allison Parkway, Civic Center South, Lakewood, Colorado 80226-3127. This was based on the legal description prepared by Jeff Trout, PLS # 33203, Registered Land Surveyor with Trout Daoud Surveying, 1008 Depot Hill Road, Broomfield, Colorado, 80020, Phone # (303) 450-5455.

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