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O-2006-19
AN ORDINANCE
AUTHORIZING SIGNATURE OF A PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT TO THE CONSOLIDATED MUTUAL WATER COMPANY FOR AN UNDERGROUND WATER STORAGE TANK, WATER LINES, SERVICE ROADS AND UTILITIES TO SERVICE THE TANK AND RELATED FACILITIES ON WILLIAM FREDERICK HAYDEN PARK TO PROVIDE WATER TO THE FUTURE RESIDENTS OF LAKEWOOD; FURTHER ACCEPTING A QUIT CLAIM DEED OR SOME OTHER RELATED DOCUMENT FROM JEFFERSON COUNTY TO THE CITY OF LAKEWOOD RELEASING THE OPEN SPACE RESTRICTION ON THE PERMANENT EASEMENT THAT WILL BE CONVEYED TO THE CONSOLIDATED MUTUAL WATER COMPANY
WHEREAS, The Consolidate Mutual Water Company has requested that the City of Lakewood convey to them easements for the construction and use of an underground water storage tank, water lines, service roads and utilities to service the tank and related facilities across the William Frederick Hayden Park to provide water services to future residents of Lakewood across land owned by the City; and
WHEREAS, the City of Lakewood will agree to convey the easements to The Consolidated Mutual Water Company subject to the following conditions.
1. Review and approval by staff of final construction plans.
2. Release of the Open Space reverter clause by Jefferson County Open Space.
3. All new facilities shall be underground to the extent possible.
4. Receipt of compensation for the easements.
5. Issuance of a Public Way Permit for all work on City property.
WHEREAS, the Charter of the City of Lakewood provides, in Section 14.3 thereof, that utility easements may be granted across property held for open space or parks purposes, which the City is willing to do.
WHEREAS, Jefferson County will be conveying a Quit Claim Deed or some other related document to the City of Lakewood releasing the open space restriction on that property described in Exhibit A.
THEREFORE, BE IT ORDAINED by the City Council of the City of Lakewood, that:
SECTION 1. The City Manager is hereby authorized to execute and the City Clerk to attest an Easement and Right-of-way Agreement, in form approved by the City Attorney, to The Consolidated Mutual Water Company across the land described in Exhibit "A" attached hereto and made a part hereof, for underground water storage tank, water lines, service roads and utilities to service the tank and related facilities.
SECTION 2. The City Manager is hereby authorized to execute and the City Clerk to attest a Temporary Construction Easement, in form approved by the City Attorney, to The Consolidated Mutual Water Company across the land described in Exhibit "B" attached hereto and made a part hereof, for the construction of underground water storage tank, water lines, service roads and utilities to service the tank and related facilities.
SECTION 3. The City of Lakewood does hereby accept the Quit Claim Deed or other related document from Jefferson County described in Exhibit "A" attached hereto and made a part hereof.
SECTION 4. 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 11th day of September, 2006; published by title in the Rocky Mountain News and in full on the City of Lakewood's website, www.lakewood.org, on the 14th day of September, 2006; set for public hearing on the 25th day of September, 2006, read, finally passed and adopted by the City Council on the 25th day of September, 2006, and, signed and approved by the Mayor on the 26th day of September, 2006.
Stephen A. Burkholder, Mayor
ATTEST:
Margy Greer, City Clerk
APPROVED AS TO FORM:
Roger Noonan, City Attorney
Exhibit "A"
Parcel A
A parcel of land located in the Southeast One-quarter (SE¼) of Section
24, Township 4 South, Range 70 West of the 6th Principal Meridian, City of Lakewood,
County of Jefferson, State of Colorado, being more particularly described as
follows:
Commencing at the Southeast corner said SE¼; thence S 89°38'11"
W along the South line of said SE¼ (assumed bearing all other bearings
hereafter related thereto), a distance of 205.00 feet to the True Point of Beginning
(T.P.O.B.); thence continuing along said last South line S 89°38'11"
W, a distance of 331.00 feet, more or less, to the Southwest corner of that
tract of land described in that Warranty Deed recorded on June 8, 1994, at Reception
Number 94102282; in the records of the Jefferson County Clerk and Recorder;
thence leaving said last South line N 24°40'07" E along the westerly
line of said tract, a distance of 28.63 feet, more or less, to an angle point
in said westerly; thence continuing along said westerly line N 23°27'10"
W, a distance of 274.27 feet; thence leaving said westerly line N 66°32'50"
E, a distance of 205.94 feet; thence N 89°38'11" E along a line parallel
with the South line of said SE¼, a distance of 237.00 feet; thence S
00°21'49" E, a distance of 359.00 feet, more or less, to the True Point
of Beginning (T.P.O.B.), said Parcel "A" containing 129,242 square
feet or 2.97 acres, more or less, TOGETHER WITH;
Parcel B
A parcel of land located in the Southeast One-quarter (SE¼) of Section
24, and Northeast One-quarter (NE¼) of Section 25, Township 4 South,
Range 70 West of the 6th Principal Meridian, City of Lakewood, County of Jefferson,
State of Colorado, being more particularly described as follows:
Commencing at the Southeast corner of said SE¼; thence S 89°38'11"
W along the South line of said SE¼ (assumed bearing all other bearings
hereafter related thereto, a distance of 510.62 feet to the True Point of Beginning
(T.P.O.B.); thence leaving said South line S 16°17'19" W, a distance
of 428.21 feet, more or less, to a point on the North right-of-way line of West
Alameda Parkway; thence N 76°52'26" W along said right-of-way line,
a distance of 50.08 feet; thence leaving said right-of-way line N 16°17'19"
E. a distance of 487.93 feet, more or less, to a point on the westerly line
of that tract of land described in that Warranty Deed recorded on June 8, 1994,
at Reception Number 94102282, of the records of the Jefferson County Clerk and
Recorder; thence S 23°27'10" E along said westerly line, a distance
of 46.70 feet, more or less, to an angle point on said westerly line; thence
continuing along said westerly line S 24°40'07" W, a distance of 28.63
feet; more or less, to the Southwest corner of said tract, said Southwest corner
lying on the South line of said SE¼, thence N 89°38'11" E along
said last South line, a distance of 25.38 feet, more or less, to the True Point
of Beginning (T.P.O.B.), said Parcel "B" containing 22,527 square
feet or 0.517 acres, more or less;
The foregoing legal description is for a Permanent Easement and was prepared
by Ted Van Horn on July 28, 2006, 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 The Consolidated Mutual
Water Company.
Exhibit "B"
A parcel of land located in the Northeast One-quarter (NE¼) of section
25, Township 4 South, Range 70 West of the 6th Principal Meridian, City of Lakewood,
County of Jefferson, State of Colorado, being more particularly described as
follows:
Commencing at the Northeast corner of said NE¼; thence S 89°38'11"
W along the North line of said NE¼ (assumed bearing all other bearings
hereafter related thereto), a distance of 562.81 feet; thence leaving said North
line S 16°17'19" W, a distance of 29.91 feet to the True Point of Beginning
(T.P.O.B.); thence continuing S 16°17'19" W, a distance of 250.00 feet;
thence N 73°42'41" W, a distance of 100.00 feet; thence N 16°17'19"
E, a distance of 250.00 feet, more or less, to said North line; thence leaving
said North line S 73°42'41" E, a distance of 100.00 feet, more or less,
to the True Point of Beginning (T.P.O.B.), said Parcel "C" containing
25,000 square feet or 0.574 acres, more or less;
The foregoing legal description is for a Temporary Construction Easement and was prepared by Ted Van Horn on July 28, 2006, 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 The Consolidated Mutual Water Company.
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