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AN ORDINANCE
AUTHORIZING THE EXECUTION OF QUITCLAIM DEEDS IN LIEU OF VACATION OF THE EXISTING RIGHT-OF-WAY FOR A PORTION OF SOUTH FIELD STREET; FURTHER DECLARING AN EMERGENCY
WHEREAS, 10-foot strips of right-of-way being the East 10 feet of the South One-Half of the North One-Half (S½ N½) and the East 10 feet of the North One-Half of the South One-Half (N½ S½) of the Southwest One-Quarter (SW¼) of the Northwest One-Quarter (NW¼) of the Northeast One-Quarter (NE¼) of Section 15, Township 4 South, Range 69 West of the Sixth Principal Meridian, City of Lakewood, County of Jefferson, State of Colorado, were conveyed to the City of Lakewood by The Millerosa Living Trust; and Kris A. and Jody L. Mahoney during a quiet title action filed by Land Title Guaranty on behalf of The Millerosa Living Trust; and Kris A. and Jody L. Mahoney, property owners of said S½ N½ and N½ S½, respectively; and
WHEREAS, The Millerosa Living Trust; and Kris A. and Jody L. Mahoney, the adjacent owners to said South Field Street right-of-way are in the process of a quiet title action to clear title to their property and those portions of said South Field Street right-of-way previously conveyed to the City of Lakewood by The Millerosa Living Trust; and Kris A. and Jody L. Mahoney; and
WHEREAS, these portions of said South Field Street right-of-way have never been used for roadway purposes; and
WHEREAS, the City of Lakewood is desirous to assist in the quiet title action by quitclaiming that portion of South Field Street right-of-way described in Exhibit A to The Millerosa Living Trust and that portion of South Field Street right-of-way described in Exhibit B to Kris A and Jody L. Mahoney to put the ownership title of said right-of-way back into the owners names; and
WHEREAS, said right-of-way, as one of the requirements of a public improvement agreement, will be conveyed back to the City after the quiet title action has cleared title to said right-of-way.
NOW THEREFORE BE IT ORDAINED by the City Council of the City of Lakewood, Colorado, that:
SECTION 1. The City Manager is hereby authorized to execute, and the City Clerk to attest, quitclaim deeds in form approved by the City Attorney, as legally described in Exhibits "A" and "B" attached hereto and incorporated herein by reference.
SECTION 2. Emergency. This ordinance is necessary to expedite a quiet title
action to clear title to said South Field Street right-of-way.
SECTION 3. This ordinance shall take effect upon the mayor's signature.
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 22nd day of January, 2007; published by title in the Rocky Mountain News and in full on the City of Lakewood's website, www.lakewood.org, on the 25th day of January, 2007; set for public hearing on the 12th day of February, 2007, read, finally passed and adopted by the City Council on the 12th day of February, 2007, and, signed and approved by the Mayor on the 13th day of February, 2007.
Stephen A. Burkholder, Mayor
ATTEST:
Margy Greer, City Clerk
APPROVED AS TO FORM:
Roger Noonan, City Attorney
A parcel of land lying in the South One-Half (S½) of the North One-Half (N½) of the Southwest One-Quarter (SW¼) of the Northwest One-Quarter (NW¼) of the Northeast One-Quarter (NE¼) of Section 15, 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:
The East 10 Feet of said S½ N½ SW¼ NW¼ NE¼, said parcel containing an area of 1,667.80 square feet, more or less.
The foregoing legal description was prepared on January 5, 2007, by Spencer Curtis, Right of way Agent, City of Lakewood, Property Management Division, 480 S. Allison Parkway, Civic Center South, Lakewood, Colorado 80226-3105, based upon Ownership deeds.
A parcel of land lying in the North One-Half (N½) of the South One-Half (S½) of the Southwest One-Quarter (SW¼) of the Northwest One-Quarter (NW¼) of the Northeast One-Quarter (NE¼) of Section 15, 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:
The East 10 Feet of said N½ S½ SW¼ NW¼ NE¼, said parcel containing an area of 1,667.80 square feet, more or less.
The foregoing legal description was prepared on January 5, 2007, by Spencer Curtis, Right of way Agent, City of Lakewood, Property Management Division, 480 S. Allison Parkway, Civic Center South, Lakewood, Colorado 80226-3105, based upon Ownership deeds.
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