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Ordinance O-2006-23
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O-2006-23

AN ORDINANCE

VACATING A PORTION OF COLLINS AVENUE RIGHT-OF-WAY LYING ADJACENT TO 10811 WEST COLLINS AND FURTHER LOCATED IN THE NORTHWEST ONE-QUARTER OF SECTION 4, TOWNSHIP 4 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF LAKEWOOD, COUNTY OF JEFFERSON, STATE OF COLORADO

WHEREAS, Collins Avenue (formerly 12th Avenue) was created by that instrument recorded in Plat Book 1767 at Page 747; and,

WHEREAS, a portion of Collins Avenue was closed in 2000; and,

WHEREAS, a significant portion of the platted right-of-way lies outside of the existing public improvements and is no longer needed.

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, 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. Effective date. 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 25th 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 28th day of September, 2006; set for public hearing on the 9th day of October, 2006, read, finally passed and adopted by the City Council on the 9th day of October, 2006, and, signed and approved by the Mayor on the 10th day of October, 2006.

Stephen A. Burkholder, Mayor

ATTEST:
Margy Greer, City Clerk

APPROVED AS TO FORM:
Roger Noonan, City Attorney

EXHIBIT A
A parcel of land lying in the Northwest One-quarter (NW¼) of Section 4, 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:

Beginning at the Northeast corner of Tract B, COBE LAKEWOOD SUBDIVISION FILING NO. 1, the plat of which is recorded in Plat Book 52, at Page 4, of the records of the Jefferson County Clerk and Recorder; thence S 89º52'59" W along the North line of said Tract B and the North line of Lot 1, Block 2, COBE LAKEWOOD SUBDIVISION FILING NO. 2, the plat of which is recorded in Plat Book 101, at Pages 18 and 19, of said records (assuming the East line of said NW¼ bears S 00º30'14" W all other bearings hereafter related thereto), said North lines being in common with the South right-of-way line of West Collins Avenue (formerly known as West 12th Avenue), a distance of 405.00 feet; thence leaving said North line N 00º07'01" W, a distance of 50.00 feet, more or less, to the South line of Lot 1, Block 1, said COBE LAKEWOOD SUBDIVISION FILING NO. 2; thence N 89º52'59" E along said last South line, said last South line being in common with the North right-of-way line of said West Collins Avenue, a distance of 405.00 feet, more or less, to the Southeast corner of Lot 1, said Block 1; thence S 00º30'14" W along a line parallel with the East line of said NW¼, a distance of 50.00 feet, more or less, to the point of beginning, the above described parcel contains an area of 20,250 square feet, more or less.

The foregoing legal description was prepared by Ted Van Horn on August 15, 2006, City of Lakewood, Property Management Division, 480 South Allison Parkway, Lakewood, Colorado 80226-3127. This was based on the recorded plat of said COBE LAKEWOOD SUBDIVISION FILING NO. 2.