Resolution 2006-72

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Resolution 2006-72

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2006-72

A RESOLUTION

AUTHORIZING CONDEMNATION OF PROPERTY INTERESTS ACROSS 495 WADSWORTH BOULEVARD AND 1520 KIPLING STREET FOR THE 2006 TRAFFIC SAFETY SIGNAL PROJECT

WHEREAS, the City Council of the City of Lakewood authorized condemnation of the property interests necessary to complete the 2006 Traffic Safety Signal Project by Ordinance 0-2005-40 if negotiations to purchase the property were unsuccessful; and

WHEREAS, the City has negotiated in good faith with the owners of the property interests mentioned above; and

WHEREAS, the parties have been unable to agree upon the purchase of certain of the property interests needed for the Project, more particularly described in Exhibit "A," attached hereto and incorporated herein by this reference, and it is necessary for the City of Lakewood to acquire immediate possession thereof.

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

SECTION 1. The City Attorney is instructed on behalf of the City of Lakewood to exercise the power of eminent domain vested in the City and proceed immediately to condemn the property described in Exhibit "A," pursuant to the authorization contained in Ordinance 0-2005-40.

INTRODUCED, READ AND ADOPTED by a vote of 11 for and 0 against at a regular meeting of the City Council on November 13, 2006, at 7 o'clock p.m. at Lakewood Civic Center, 480 South Allison Parkway, Lakewood, Colorado.

Stephen A. Burkholder, Mayor

ATTEST:
Margy Greer, City Clerk

EXHIBIT "A"

Legal description for the fee simple Parcel 1 (495 Wadsworth Boulevard)

A parcel of land being a part of Tract 17, DEVINNY PARK, the plat of which is recorded in Plat Book 5, at Page 39, of the records of the Jefferson County Clerk and Recorder and lying in the Northwest One-quarter (NW¼) of Section 11, 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:

Commencing at the Northeast corner of said NW¼; thence S 00º26'56" E along the East line of said NW¼ (assumed bearing all other bearings hereafter related thereto), a distance of 697.79 feet; thence S 89º33'04" W, a distance of 45.00 feet, more or less, to a deeded corner on the West right-of-way line of Wadsworth Boulevard described in that instrument recorded in Book 1007, at Page 436, of the records of the Jefferson County Clerk and Recorder, said corner being in common with a deeded corner of that tract of land described in that instrument recorded at Reception Number F1297074, of said records; thence N 45º37'53" W along said right-of-way line said right-of-way line being in common with the easterly line of said tract, a distance of 15.75 feet to the True Point of Beginning; thence continuing N 45º37'53" W along said easterly line, a distance of 5.40 feet, more or less, to the most northeasterly corner of said tract, said northeasterly corner being in common with the Northwest corner of that right-of-way described in said Book 1007, at Page 436, and lying on the North line of said Tract 17; thence S 89º04'29" W along the North line of said Tract 17, said North line being in common with the North line of that tract of land described in said Reception Number F1297074, and the South right-of-way line of West 5th Avenue, a distance of 10.60 feet; thence leaving said North line S 00º55'31" E, a distance of 3.84 feet; thence N 89º04'29" E, a distance of 14.40 feet, more or less, to the True Point of Beginning, the above described parcel contains an area of 48 square feet, more or less.

Project Basis of Bearings - The East line of the Northwest One-quarter (NW¼) of Section 11, Township 4 South, Range 69 West of the Sixth Principal Meridian bears S 00º26'56" E, between the N¼ corner, a 3¼" aluminum cap stamped L.S. 24957 and the C¼ corner, a 3¼" aluminum cap L.S. 24957, both monuments in a landmark box.

The foregoing legal description is for Parcel 1 which is a Fee Simple Parcel across the property located at 495 Wadsworth Boulevard for the Traffic Safety Signal Projects Intersection Improvements Project, Project Number SHO M760-017. This was prepared by Ted Van Horn on September 12, 2005, City of Lakewood, Property Management Division and checked and certified by George Buckey, PLS #19591, City of Lakewood, Survey Section, 480 South Allison Parkway, Lakewood, Colorado 80226-3105. This was based on the Traffic Safety Signal Projects Intersection Improvements Project Right of Way Map provided by the City of Lakewood's Department of Public Works.

Legal description for permanent easement for Parcel PE-1 (495 Wadsworth Boulevard)

The foregoing legal description is for Parcel PE-1 which is a Permanent Easement for construction and maintenance of pedestrian and utility facilities and traffic control devices across the property located at 495 Wadsworth Boulevard for the Traffic Safety Signal Projects Intersection Improvements Project, Project Number SHO M760-017. This was prepared by Ted Van Horn on September 12, 2005, City of Lakewood, Property Management Division and checked and certified by George Buckey, PLS #19591, City of Lakewood, Survey Section, 480 South Allison Parkway, Lakewood, Colorado 80226-3105. This was based on the Traffic Safety Signal Projects Intersection Improvements Project Right of Way Map provided by the City of Lakewood's Department of Public Works.

Legal description for temporary construction easement for Parcel TE-1 (495 Wadsworth Boulevard)

Commencing at the Northeast corner of said NW¼; thence S 00º26'56" E along the East line of said NW¼ (assumed bearing all other bearings hereafter related thereto), a distance of 697.79 feet; thence S 89º33'04" W, a distance of 45.00 feet, more or less, to a deeded corner on the West right-of-way line of Wadsworth Boulevard described in that instrument recorded in Book 1007, at Page 436, of the records of the Jefferson County Clerk and Recorder, said corner being in common with a deeded corner of that tract of land described in that instrument recorded at Reception Number F1297074, of said records; thence N 45º37'53" W along said right-of-way line said right-of-way line being in common with the easterly line of said tract, a distance of 21.15 feet, more or less, to the most northeasterly corner of said tract, said northeasterly corner being in common with the Northwest corner of that right-of-way described in said Book 1007, at Page 436, and lying on the North line of said Tract 17; thence S 89º04'29" W along the North line of said Tract 17, said North line being in common with the North line of that tract described in said Reception Number F1297074, and the South right-of-way line of West 5th Avenue, a distance of 10.60 feet to the True Point of Beginning; thence continuing S 89º04'29" W along said North line, a distance of 99.40 feet, more or less, to the Northwest corner of that tract described in said Reception Number F1297074; thence leaving said North line S 00º26'56" E along the West line of said last tract, a distance of 15.00 feet; thence leaving said last West line N 89º04'29" E, a distance of 94.75 feet; thence S 57º06'39" E, a distance of 17.06 feet; thence N 00º26'56" W, a distance of 20.63 feet; thence S 89º04'29" W, a distance of 9.57 feet; thence N 00º55'31" W, a distance of 3.84 feet; more or less, to the True Point of Beginning, the above described parcel contains an area of 1,666 square feet, more or less.

The foregoing legal description is for Parcel TE-1 which is a Temporary Construction Easement across the property located at 495 Wadsworth Boulevard for the Traffic Safety Signal Projects Intersection Improvements Project, Project Number SHO M760-017. This was prepared by Ted Van Horn on September 12, 2005, City of Lakewood, Property Management Division and checked and certified by George Buckey, PLS #19591, City of Lakewood, Survey Section, 480 South Allison Parkway, Lakewood, Colorado 80226-3105. This was based on the Traffic Safety Signal Projects Intersection Improvements Project Right of Way Map provided by the City of Lakewood's Department of Public Works.

Legal description for access easement for AE-5 (1520 Kipling Street)

A parcel of land being a part of Lot 9, Block 9, WESTMOOR ACRES, the plat of which is recorded in Plat Book 5, at Page 14, of the records of the Jefferson County Clerk and Recorder, said parcel also lying the Southwest One-quarter (SW¼) of Section 34, Township 3 South, Range 69 West of the Sixth Principal Meridian, City of Lakewood, County of Jefferson, State of Colorado, more particularly described as follows:

Commencing at the Southwest corner of said SW¼; thence N 00º24'39" W along the West line of said SW¼ (assumed bearing all other bearings hereafter related thereto), a distance of 225.00 feet; thence N 89º32'35" E, a distance of 50.00 feet, more or less, to the Northeast corner of that tract of land conveyed to The Department of Highways, State of Colorado described in that instrument recorded in Book 2047, at Page 548, of said records for Kipling Street right-of-way, said corner also being in common with the Southwest corner of that tract of land described in that instrument recorded at Reception Number 94158551, of said records and the Northwest corner of that tract of land described in that instrument recorded at Reception Number F1312742, of said records and being the True Point of Beginning; thence N 89º32'35" E along the South line of that tract described in said Reception Number 94158551, said South line being in common with the North line of that tract of land described in said Reception Number F1312742, a distance of 40.00 feet; thence leaving said last South line N 00º24'39" W, a distance of 15.00 feet; thence N 78º12'59" W, a distance of 23.53 feet; thence S 89º35'21" W, a distance of 17.00 feet, more or less, to the West line of that tract described in said Reception Number 94158551; thence S 00º24'39" E along said last West line, said West line being in common with the East right-of-way of Kipling Street described in said Book 2047, at Page 548, a distance of 20.00 feet, more or less, to the True Point of Beginning, the above described parcel contains an area of 742 square feet, more or less.

The foregoing legal description is for Parcel AE-5 which is a Public Access Easement across the property located at 1520 Kipling Street for the Traffic Safety Signal Projects Intersection Improvements Project, Project Number SHO M760-017. This was prepared by Ted Van Horn on October 25, 2005, City of Lakewood, Property Management Division and checked and certified by George Buckey, PLS #19591, City of Lakewood, Survey Section, 480 South Allison Parkway, Lakewood, Colorado 80226-3105. This was based on the Traffic Safety Signal Projects Intersection Improvements Project Right of Way Map provided by the City of Lakewood's Department of Public Works.

Legal description for permanent easement PE-5 (1520 Kipling Street)

Commencing at the Southwest corner of said SW¼; thence N 00º24'39" W along the West line of said SW¼ (assumed bearing all other bearings hereafter related thereto), a distance of 225.00 feet; thence N 89º32'35" E, a distance of 50.00 feet, more or less, to the Northeast corner of that tract of land conveyed to the Department of Highways, of the State of Colorado, described in that instrument recorded in Book 2026, at Page 421, of said records for Kipling Street right-of-way, said Northeast corner being in common with the Southwest corner of that tract of land described in that instrument recorded at Reception Number 94158551, of said records, and the Northwest corner of that tract of land described in that instrument recorded at Reception Number F1312742, of said records, said corner also being the True Point of Beginning; thence N 00º24'39" W along the East right-of way line of said Kipling Street, said right-of-way line being in common with the West line of that tract described in said Reception Number 94158551, a distance of 20.00 feet; thence leaving said right-of-way line and said West line N 89º35'21" E, a distance of 17.00 feet; thence S 00º24'39" E, a distance of 20.00 feet, more or less, to the South line of said last tract; thence S 89º32'35" W along said last South line, a distance of 17.00 feet, more or less, to the True Point of Beginning, the above described parcel contains an area of 340 square feet, more or less.

Project Basis of Bearings - Project coordinate/bearings are based on SURVEY CONTROL DIAGRAM for PROJECT C 0404-24 S.H.40 COLFAX (SHERIDAN TO KIPLING) a modified state plan coordinate base from GPS observations. The bearing between Pnt 23, a 3¼" CDOT monument cap, stamped P.I.D. 4.015096 and Pnt 24, a 3¼" CDOT monument cap, stamped P.I.D. 4.015099, bears N 88º05'48" W.

The foregoing legal description is for Parcel PE-5 which is a Permanent Easement for construction and maintenance of pedestrian, utility and traffic control devices across the property located at 1520 Kipling Street for the Traffic Safety Signal Projects Intersection Improvements Project, Project Number SHO M760-017. This was prepared by Ted Van Horn on October 25, 2005, City of Lakewood, Property Management Division and checked and certified by George Buckey, PLS #19591, City of Lakewood, Survey Section, 480 South Allison Parkway, Lakewood, Colorado 80226-3105. This was based on the Traffic Safety Signal Projects Intersection Improvements Project Right of Way Map provided by the City of Lakewood's Department of Public Works.


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