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O-2006-26

AN ORDINANCE

INCLUDING A PORTION OF THE ROONEY VALLEY WITHIN THE CITY OF LAKEWOOD WITHIN THE METRO WASTEWATER RECLAMATION DISTRICT SERVICE AREA

WHEREAS, the City of Lakewood has entered into a contract with the Metro Wastewater Reclamation District (Metro Wastewater) which provides that all sewage flows from within the city limits of Lakewood must go to Metro Wastewater for processing unless an exclusion is granted by Metro Wastewater, and,

WHEREAS, the City requested such an exclusion per Ordinance 0-2002-49 and such exclusion was subsequently granted by Metro Wastewater per Resolution No. 0403-7.d, and,

WHEREAS, the City desires that portions of the previously excluded land be re-included within the Metro Wastewater service area.

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

SECTION 1. The City Council hereby finds that that portion of the Rooney Valley within Lakewood, which is more fully defined in Exhibit "A" attached hereto and made a part hereof, should be within the service area of the Metro Wastewater Reclamation District.

SECTION 2. The City Manager is directed to file with the Metro Wastewater Reclamation District a certified copy of this ordinance and request that the portion of the Rooney Valley within Lakewood, which is more fully defined in Exhibit "A", be included within the Metro Wastewater Reclamation District service area.

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 9th day of October, 2006; published in full in the Rocky Mountain News on October 20th, 2006; continued from October 23, 2006 until October 30, 2006; published by title in the Rocky Mountain News on October 26th, and in full on the City of Lakewood's website, www.lakewood.org, on the 19th and 24th day of October, 2006; set for public hearing on the 30th day of October, 2006, read, finally passed and adopted by the City Council on the 30th day of October, 2006, and, signed and approved by the Mayor on the 31st 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 Sections 24, 25, 26 and 36, Township 4 South, Range 70 West of the 6th Principal Meridian, City of Lakewood, County of Jefferson, State of Colorado, more particularly described as follows and shown on Exhibit 1 attached hereto and made a part hereof:

Beginning at the Southeast corner of the Southeast One-quarter (SE¼) of said Section 25, said Southeast corner being in common with the Southeast corner of that ANNEXATION PLAT, described in that instrument recorded in Plat Book 47, at Page 11, of the records of the Jefferson County Clerk and Recorder; thence northerly along the easterly line of said ANNEXATION PLAT the following two (2) courses;

1. thence N 00°04'30" E along the East line of said SE¼ (assumed bearing all other bearings hereafter related thereto), a distance of 2,643.81 feet, more or less, to the Northeast corner of said SE¼, said corner being in common with the Southeast corner of the Northeast One-quarter (NE¼) of said Section 25;

2. thence N 00°04'03" E along the East line of said NE¼ a distance of 1,315.80 feet, more or less, to the Northeast corner of the South One-half (S½) of said NE¼, said corner being in common with the northeast corner of said ANNEXATION PLAT, and the Southeast corner of that ANNEXATION described in that instrument recorded in Plat Book 59, at Page 33, of said records;

thence northerly and westerly along the easterly and northerly line of said last ANNEXATION the following five (5) courses, said northerly line being in common with the southerly right-of-way line of West Alameda Avenue:

1. N 00°04'03" E along the East line of said NE¼, said East line being in common with the East line of said last ANNEXATION, a distance of 604.08 feet, more or less, to a point on a curve on said southerly right-of-way line the of West Alameda Avenue, said point being a northeasterly corner of said last ANNEXATION;

2. thence northwesterly along said southerly right-of-way along the arc of a non-tangent curve to the right having a radius of 1,245.80 feet, a central angle of 17°03'40" (whose long chord bears N 84°14'11" W, a long chord distance of 369.60 feet), an arc length of 370.96 feet to a point;

3. thence N 76°25'27" W along a non-tangent line, a distance of 1,608.03 feet to a point of curve;

4. thence continuing northwesterly along the arc of a curve to the right having a radius of 3,262.18 feet, a central angle of 12°59'22" (whose long chord bears N 69°55'46" W, a long chord distance of 737.98 feet), an arc length of 739.56 feet to a point of reverse curve;

5. thence northwesterly along said reverse curve along the arc of a curve to the left having a radius of 2,768.31 feet, a central angle of 01°06'16" (whose long chord bears N 62°52'57" W, a long chord distance of 53.36 feet), an arc length of 53.36 feet, more or less, to a northeasterly corner of said ANNEXATION, said northeasterly corner also lying on the North line of the Northeast One-quarter (NE¼) of said Section 25;

thence leaving the northerly line of said ANNEXATION and continuing northwesterly along said southerly right-of-way line and said reverse curve to a point where said reverse curve intersects the East line of the Southwest One-quarter (SW¼) of said Section 24, said intersection being in common with a northeasterly corner of that ANNEXATION MAP described in that instrument recorded in Plat Book 64, at Page 11, of said records; thence northwesterly and southerly along the northerly and West line of said last ANNEXATION MAP the following five (5) courses, said last northerly line being in common with said southerly right-of-way line:

1. continuing northwesterly along said reverse curve and along said southerly right-of-way line the curve data for the remainder of said reverse curve is a radius of 2,768.31 feet, a central angle of 07°49'02" (whose long chord bears N 69°28'51" W, a long chord distance of 377.40 feet), an arc length of 377.70 feet to a point of tangency;

2. thence N 73°23'22" W along said tangent, a distance of 812.98 feet to a point of curve;

3. thence northwesterly along the arc of a curve to the right having a radius of 1,245.44 feet, a central angle of 09°27'23" (whose long chord bears N 68°39'41" W, a long chord distance of 205.32 feet), an arc length of 205.55 feet to a point of tangency;

4. thence N 63°55'59" W, a distance of 899.44 feet, more or less, to the Northwest corner of said ANNEXATION MAP;

5. thence S 00°23'00" W along the West line of said ANNEXATION MAP, a distance of 877.89 feet, more or less, to a point on the North line of said NW¼ of Section 25, said North line being in common with the North line of that ANNEXATION described in said Plat Book 59, at Page 33;

thence westerly and southerly along the North and westerly line of said last ANNEXATION the following four (4) courses:

1. S 89°25'07" W, a distance of 583.56 feet, more or less, to the Northwest corner of said NW¼, said Northwest corner being in common with the Northeast corner of said NE¼ of Section 26;

2. thence S 89°55'51" W along the North line of said last ANNEXATION, said last North line being in common with the North line of said last NE¼, a distance of 1,642.52 feet, more or less, to the Northwest corner of said last ANNEXATION;

3. thence S 05°25'16" E along the westerly line of said last ANNEXATION, a distance of 498.66 feet;

4. thence continuing along said westerly line S 28°46'32" E, a distance of 186.66 feet, more or less, to a southwesterly corner of said last ANNEXATION, said southwesterly corner being in common with the Northwest corner of that ANNEXATION PLAT described in said Plat Book 47, at Page 11;

thence southerly and easterly along the westerly and southerly lines of said last ANNEXATION PLAT the following ten (10) courses:

1. thence S 32°10'23" E, a distance of 331.81 feet;
2. thence S 20°52'46" E, a distance of 652.88 feet;
3. thence S 89°56'25" W, a distance of 45.84 feet;
4. thence S 17°39'33" E, a distance of 434.95 feet;
5. thence S 89°56'24" W, a distance of 273.00 feet, more or less, to the West line of the of the East One-half (E½) said NE¼;
6. thence S 00°20'51" E along said last West line, a distance of 674.75 feet, more or less, to the Northwest corner of the East One-half (E½) of the Southeast One-quarter (SE¼) of said Section 26;
7. thence S 00°21'06" E along said last West line, a distance of 1,338.32 feet;
8. thence N 89°38'54" E, a distance of 220.00 feet;
9. thence S 11°12'21" E, a distance of 1,327.53 feet, more or less, to a southwesterly corner of said ANNEXATION PLAT, said corner also lying on the South line of said SE¼;
10. thence S 89°53'28" E along said South line, a distance of 825.92 feet, more or less, to the Southeast corner of said SE¼, said corner also being in common with the Northwest corner of that ANNEXATION MAP described in that instrument recorded in Plat Book 68, at Pages 31 and 32, of said records;

thence along the boundary of said last ANNEXATION MAP the following seven (7) courses:

1. thence S 00°32'36" E along the West line of the Northwest One-quarter (NW¼) of Section 36, a distance of 1,320.20 feet, more or less, to the Southwest corner of the North One-half (N½) of the North One-half (N½) of said Section 36;
2. thence N 89°22'49" E along the South line of said N½ N½, a distance of 3,052.02 feet, more or less, to the Southeast corner of Parcel 1, of said last ANNEXATION MAP;
3. thence N 36°47'21" E along the East line of said Parcel 1, a distance of 1,636.26 feet, more or less, to the Northeast corner of said Parcel 1, said Northeast corner lying on the North line of said Section 36;
4. thence N 89°21'39" E along said last North line, a distance of 185.76 feet, more or less, to the Northwest corner of Parcel 2 of said last ANNEXATION MAP;
5. thence S 36°47'21" E along the West line of said Parcel 2, a distance of 1,636.34 feet, more or less, to the Southwest corner of said Parcel 2, said Southwest corner lying on the South line of said N½ N½;
6. thence N 89°22'49" E along said last South line, a distance of 240.20 feet, more or less, to the Southeast corner of said Parcel 2, said Southeast corner being in common with the most Southeasterly corner of said last ANNEXATION MAP;
7. thence N 00°00'44" E along the most easterly line of said ANNEXATION MAP, a distance of 1,321.46 feet, more or less, to a Northeast corner of said last ANNEXATION MAP, said Northeast corner also lying on the South line of that ANNEXATION PLAT recorded in said Plat Book 47, at Page 11;

thence N 89°21'28" E along the South line of said last ANNEXATION PLAT, said South line being in common with the South line of said Section 25, a distance of 1,909.46 feet, more or less, to the point of beginning, EXCEPT the following five (5) parcels:

Parcel 1

Lot 3, Block 6, SPRINGFIELD GREEN, the plat of which is recorded in Plat Book 88, at Pages 40 through 45, of said records, further lying in the Northwest One-Quarter of Section 25, Township 4 South, Range 70 West of the 6th Principal Meridian, City of Lakewood, County of Jefferson, State of Colorado, TOGETHER WITH that tract of land described in that instrument recorded at Reception No. 83060151, of said records, being more particularly described as follows:

Commencing at the Northwest corner of said NW¼; thence S 00º21'13" E along the West line of said NW¼ (assumed bearing all other bearings hereafter related thereto), a distance of 660.24 feet, more or less, Northwest corner of the South One-Half (S½) of the North One-Half (N½) of said NW¼; thence N 89º24'18" E along the North line of said S½ N½ NW¼, a distance 646.65 feet to the True Point of Beginning; thence continuing N 89º24'18" E along said North line, a distance of 535.16 feet, more or less, to the northwesterly corner of said Lot 3; thence S 00º21'13" E along the West line of said Lot 3, a distance of 1,000.00 feet, more or less, to the most southerly corner of said tract; thence N 28º33'40" W along the southwesterly line of said tract, a distance of 1,132.20 feet, more or less, to the True Point of Beginning;

Parcel 2

A parcel of land lying in the Northwest One-Quarter (NW¼) of Section 25, Township 4 South, Range 70 West of the 6th Principal Meridian, City of Lakewood, County of Jefferson, State of Colorado and being more particularly described as follows:

Commencing at the Southwest corner of said NW¼; thence N 89º20'36" E along the South line of said NW¼ (assumed bearing all other bearings hereafter related thereto), a distance of 1181.81 feet, more or less, to the Southwest corner of said Lot 3; thence N 00º21'13" W along the West line of said Lot 3, a distance of 979.45 feet, more of less, to the most southerly corner of that tract described at said Reception No. 83060151; thence N 28º33'40" W along the southwesterly line of said last tract, a distance of 183.10 feet to the True Point of Beginning, thence S 61º26'20" W, a distance of 144.00 feet; thence N 28º33'40" W, a distance of 156.00 feet; thence N 61º26'20" E, a distance of 144.00 feet, more or less, to said southwesterly line; thence S 28º33'40" E along said southwesterly line, a distance of 156.00 feet, more or less, to the True Point of Beginning

Parcel 3

A parcel of land being that tract of land described in that instrument recorded at Reception No. F0642675, of said records, further lying in the Northwest One-Quarter (NW¼) of Section 25, Township 4 South, Range 70 West of the 6th Principal Meridian, City of Lakewood, County of Jefferson, State of Colorado and being more particularly described as follows:

Commencing at the Southwest corner of said NW¼; thence N 89º20'36" E along the South line of said NW¼ (assumed bearing all other bearings hereafter related thereto), a distance of 645.95 feet to the True Point of Beginning; thence N 12º31'55" W, a distance of 1,442.29 feet to a point on a non-tangent curve; thence northwesterly along the arc of said non-tangent curve, said non-tangent curve being to the right and having a radius of 1,216.85 feet (the radius point of which bears N 81º48"46' E), a central angle of 01º54'39", an arc distance of 40.58 feet to a point of compound curve; thence northeasterly along the arc of said compound curve said compound curve being to the right and having a radius of 1,210.83 feet, a central angle of 25º24'33", an arc distance 536.97 feet, more or less, to the North line of the South One-Half of the North One-Half of said NW¼; thence N 89º24'18" E along said last North line, a distance of 246.93 feet, more or less, to the northwesterly corner of that tract of land described at said Reception No. 83060151; thence S 28º33'40" E along the southwesterly line of said last tract, a distance of 793.10 feet, more or less, to the northeasterly corner of that tract of land to conveyed to Mount Carbon Metropolitan District described in that instrument recorded at Reception No. 84088063, of said records; thence along the northwesterly, southwesterly and southeasterly lines of said last tract the following three (3) courses:

1. S 61º26'20" W, a distance of 144.00 feet;
2. thence S 28º33'40" E, a distance of 156.00 feet;
3. thence N 61º26'20" E, a distance of 144.00 feet, more or less, to the southwesterly line of that tract described at said Reception No. 83060151;

thence S 28º33'40" E along said southwesterly line, a distance of 183.10 feet, more or less, to the West line of said Lot 3; thence S 00º21'13" E along said last West line, a distance of 979.45 feet, more or less, to the northerly right-of-way line of West Baltic Drive as shown and platted on the plat of said SPRINGFIELD GREEN; thence S 89º20'36" W along said northerly right-of-way line, a distance of 535.86 feet, more or less, to the True Point of Beginning.

Parcel 4

Lots 4 through 7, Block 3, RED ROCKS BUSINESS PARK FILING NO. 1, the plat of which is recorded in Plat Book 74, at Pages 11 through 13, of said records, further lying in the Southwest One-Quarter, Section 25, Township 4 South, Range 70 West of the 6th Principal Meridian, City of Lakewood, County of Jefferson, State of Colorado.

Parcel 5

A parcel of land being that tract of land described in that instrument recorded at Reception No. F0133899, of said records, further lying in the Southwest One-Quarter (SW¼) of Section 25, Township 70 West of the 6th Principal Meridian, City of Lakewood, County of Jefferson, State of Colorado, being more particularly described as follows:

Beginning at the Southwest corner of said SW¼; thence North along the West line of said SW¼, a distance of 400.00 feet; thence East and parallel with the South line of said SW¼, a distance of 532.00 feet; thence South and parallel with said West line, a distance of 400.00 feet, more or less, to said South line; thence West along said South line, a distance of 532.00 feet to the point of beginning.

The foregoing legal description containing an area of 801.42 acres, more or less, and was prepared by Spencer Curtis on September 22, 2006, City of Lakewood, Property Management Division, 480 South Allison Parkway, Lakewood, Colorado 80226-3127. This was based on the above-mentioned ANNEXATION documents and recorded deeds.

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