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O-2006-35
AN ORDINANCE
VACATING A PORTION OF WEST 10th PLACE, LEE STREET AND MILLER STREET RIGHTS-OF-WAY LOCATED IN THE NORTHEAST 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, 10TH Place, Lee Street and Miller Street were created by Courtney Park subdivision which was recorded in Plat Book 029 at Page 043; and,
WHEREAS, the rights-of-way that are proposed to be vacated have never been developed; and,
WHEREAS, the surrounding property that would be accessed by this right-of-way has been purchased for park purposes by the City of Lakewood.
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. This Ordinance shall take effect thirty (30) days after final publication.
SECTION 3. The City Clerk is herby instructed to record a certified copy of this Ordinance in the records of the Jefferson County Clerk and Recorder.
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 November, 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 November, 2006; set for public hearing on the 11th day of December, 2006, read, finally passed and adopted by the City Council on the 11th day of December, 2006, and, signed and approved by the Mayor on the 12th day of December, 2006.
Stephen A. Burkholder, Mayor
ATTEST:
Margy Greer, City Clerk
APPROVED AS TO FORM:
Roger Noonan, City Attorney
EXHIBIT A
Legal Description
Vacation of portions of Miller Street, West 10th Place, and Lee Street
A parcel of land being a portion of Miller Street, West 10th Place, and Lee
Street lying in the South One-half (S½) of the Northeast One-quarter
(NE¼) 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 Northwest corner of Lot 3, COURTNEY PARK, the plat of which
is recorded in Plat Book 29, at Page 43, of the records of the Jefferson County
Clerk and recorder, thence southerly and easterly along the westerly and southerly
boundary of said Lot 3, and along the southerly and easterly boundary of Lot
4, said COURTNEY PARK, the following five (5) courses:
1. along the westerly line of said Lot 3, a distance of 48.17 feet, more or
less, to a platted point of curvature on the westerly boundary of said Lot 3;
2. thence southeasterly along the southwesterly boundary of said Lot 3, along
the arc of a curve to the left, an arc distance of 198.19 feet, more or less,
to a platted point of tangency on the southerly boundary of said Lot 3;
3. southerly thence easterly along said last tangent line and continuing along
the southerly boundary of said Lots 3 and 4, a distance of 379.22 feet, more
or less, to a platted point of curvature on the southerly boundary of said Lot
4;
4. thence northeasterly along the southeasterly boundary of said Lot 4, along
the arc of a curve to the left, an arc distance of 163.38 feet, more or less,
to a platted point of tangency on the easterly boundary of said Lot 4;
5. thence northerly along said last tangent line and continuing along the easterly
boundary of said Lot 4, a distance 71.57 feet, more or less, to the Northeast
corner of said Lot 4;
thence easterly along the easterly extended North line of said Lot 4, across
the Lee Street right-of-way shown and platted on said COURTNEY PARK, a distance
of 24 feet, more or less, to the intersection of said last easterly extended
North line with the West line of Tract M, said COURTNEY PARK, thence continuing
easterly along said last easterly extended North line, a distance of 1 foot,
more or less, to the East line of said Tract M, said last East line being in
common with the East line of said COURTNEY PARK; thence southerly along the
East line of said COURTNEY PARK, a distance of 375.03 feet, more or less, to
the Southeast corner of said COURTNEY PARK, said Southeast corner being in common
with the Southeast corner of the Southwest One-quarter (SW¼) of the Southeast
One-quarter (SE¼) of said NE¼, said Southeast corner also being
in common with the Southeast corner of Tract B, said COURTNEY PARK; thence westerly
along the South line of said Tract B, said last South line being in common with
the South line of said COURTNEY PARK, a distance of 25 feet, more or less, to
the Southwest corner of said Tract B, thence northerly along the West line of
said Tract B, a distance of 106.46 feet, more or less, to the Northeast corner
of Lot 8, said COURTNEY PARK, said Northeast corner being in common with the
Southeast corner of Tract D, said COURTNEY PARK; thence westerly along the northerly
line of said Lot 8, and along the northerly line of Lots 7, 6, and 5, said COURTNEY
PARK, a distance of 609.52 feet, more or less, to the Northwest corner of said
Lot 5, said Northwest corner being in common with the Southwest corner of Tract
C, said COURTNEY PARK; thence southerly along the West line of said Lot 5, a
distance of 150.02 feet, more or less to the Southwest corner of said Lot 5,
said Southwest corner being in common with the Southeast corner of Tract A,
said COURTNEY PARK; thence westerly along the South line of said Tract A, said
south line being in common with the South line of said COURTNEY PARK, a distance
of 25 feet, more or less, to the Southwest corner of said COURTNEY PARK, said
Southwest corner being in common with the Southwest corner of said SE¼
NE¼, said Southwest corner also being in common with the Southeast corner
of the Southwest One-quarter (SW¼) of said NE¼; thence westerly
along the South line of said SW¼ NE¼, a distance of 25 feet, more
or less, to a point lying 25 feet westerly from said last Southeast corner;
thence northerly along a line parallel with, and 25 feet westerly of, the East
line of said SW¼ NE¼, a distance of 377.05 feet, more or less,
to the intersection of said last parallel line with the westerly extended North
line of Lot 3, said COURTNEY PARK; thence easterly along said last westerly
extended North line, a distance of 25 feet, more or less, to the East line of
said SW¼ NE¼, said last East line being in common with the West
line of Tract L, said COURTNEY PARK; thence continuing easterly along said last
westerly extended North line, a distance of 1 foot, more or less, to the East
line of said Tract L, said East line being in common with the West right-of-way
line of Miller Street, as shown and platted on said COURTNEY PARK; thence continuing
easterly along said last westerly extended North line across the right-of-way
of said Miller Street, a distance of 24 feet, more or less, to the Northwest
corner of said Lot 3, and the point of beginning.
The foregoing legal description was prepared by Garrett Downs on October 27,
2006, City of Lakewood Property Management Division, 480 South Allison Parkway,
Civic Center South, Lakewood, Colorado 80226-3105. The legal description was
based on the plat of COURTNEY PARK, the plat of which is recorded in Plat Book
29, at Page 43, of the records of the Jefferson County Clerk and recorder.
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