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2006-35

A RESOLUTION

REQUESTING ASSISTANCE FROM JEFFERSON COUNTY OPEN SPACE PROGRAM AND AUTHORIZING THE ACQUISITION AND ACCEPTANCE OF DEEDS FOR A PORTION OF THE TOLEN PROPERTY.

WHEREAS, the City of Lakewood has determined it to be highly desirable to acquire additional land for park, open space, drainage, and trail purposes along Lakewood Gulch East of Sunset Park; and

WHEREAS, the Trust for Public Land has been contacted by the Tolen Estate to facilitate a sale of the Tolen Property; and

WHEREAS, the City of Lakewood has identified the Tolen Property as a high priority for acquisition; and

WHEREAS, the City Council of the City of Lakewood has determined a need for additional resources to acquire the desired land in a timely manner; and

WHEREAS, funds have been appropriated, and in accordance with Section 3.04 of the Lakewood Municipal Code, projects over $50,000 require City Council approval; and

WHEREAS, the City of Lakewood desires to participate in the acquisition of the Tolen Property with the Jefferson County Open Space Program, and the Urban Drainage and Flood Control District.

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

SECTION 1. The City of Lakewood requests that the Jefferson County Open Space Program participate in the acquisition of approximately 7.1 acres of the Tolen Property in the City of Lakewood.

SECTION 2. The City Manager by way of the Property Manager, on behalf of the City of Lakewood, is hereby authorized to accept upon recordation, the instruments of conveyance of the property interests acquired pursuant to this resolution, and in accordance with Jefferson County Open Space policies.

SECTION 3. The City Manager of the City of Lakewood is authorized to provide on behalf of the City an indemnification and hold harmless statement to Jefferson County for each parcel acquired pursuant to this resolution in the form and content acceptable to the City Attorney.

SECTION 4. The City Treasurer is hereby authorized to make expenditures not to exceed $397,500 toward the acquisition of the said portion of the Tolen Property.

INTRODUCED, READ AND ADOPTED by a vote of 11 for and 0 against at a regular meeting of the City Council on May 22, 2006 at 7 o'clock p.m. at Lakewood Civic Center South, 480 South Allison Parkway, Lakewood, Colorado.

Stephen A. Burkholder, Mayor

ATTEST:
Margy Greer, City Clerk

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