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AN ORDINANCE
AUTHORIZING OF AN EASEMENT FOR SANITARY SEWER FACILITIES FOR UNDERGROUND SANITARY SEWER LINE AND RELATED FACILITIES ACROSS A PORTION OF BEECH PARK TO GREEN MOUNTAIN WATER AND SANITATION DISTRICT, LAKEWOOD, COLORADO
WHEREAS, Green Mountain Water and Sanitation District has requested that the City of Lakewood convey to said District an Easement Agreement for Sanitary Sewer Facilities for an underground sanitary sewer line and related appurtenances across land owned by the City; and
WHEREAS, the conveyance of the easement is subject to the following conditions: 1) Review and approval of final construction plans for the sewer line by the City of Lakewood; 2) Issuance of a Public Way Permit for all work on City property; 3) All new facilities shall be underground to the extent possible; 4) Site shall be restored to existing elevation and grades, and re-vegetated to match existing conditions; 5) Receipt of compensation for the easement; 6) The easement shall not be recorded until the plat of Overlook Estate Subdivision has been approved and recorded by the City of Lakewood.
WHEREAS, said land owned by the City was dedicated to the City by the plat of Green Mountain Village Filing No. 28 for park purposes and was further accepted by the City for said purposes; and
WHEREAS, the Charter of the City of Lakewood provides, in Section 14.3 thereof, that utility easements may be granted across such land, which the City is willing to do.
NOW THEREFORE BE IT ORDAINED by the City Council of the City of Lakewood, that:
SECTION 1. The City Manager is hereby authorized to execute and the City Clerk
to attest an Easement for Sanitary Sewer Facilities for a sanitary sewer line,
in form approved by the City Attorney, to Green Mountain Water and Sanitation
District across the land described in Exhibit "A" attached hereto
and made a part hereof, for underground sanitary sewer line and related appurtenances.
SECTION 2. 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 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
Exhibit A
A parcel of land lying within Tract B, GREEN MOUNTAIN VILLAGE FILING NO.28, the plat of which is recorded in Plat Book 39, at Page 47, of the records of the Jefferson County Clerk and Recorder, and further being situated in the Northeast One-quarter (NE¼) of Section 19, Township 4 South, Range 69 West of the Sixth Principal Meridian, City of Lakewood, County of Jefferson, State of Colorado, being more particularly described as follows:
Beginning at a southwest corner of said Tract B, said southwesterly corner lying on the northeasterly line of Lot 1, Block 151, GREEN MOUNTAIN VILLAGE FILING NO. 27, the plat of which is recorded in Plat Book 39, at Page 8, of said records; thence N 35º32'41" E along a northwesterly line of said Tract B, (assumed bearing all other bearings hereafter related thereto), a distance of 30.20 feet; thence leaving said northwesterly line S 61º05'08" E, a distance of 121.35 feet; thence S 28º54'52" W, a distance of 30.00 feet, more or less, to the southwesterly line of said Tract B; thence N 61º05'08" W along said southwesterly line, said southwesterly line being in common with a northeasterly boundary line of said GREEN MOUNTAIN VILLAGE FILING NO. 27, a distance of 124.83 feet, more or less, to the point of beginning, the above described parcel contains an area of 3,693 square feet, more or less.
The foregoing legal description was prepared by Ted Van Horn on December 22, 2006, City of Lakewood, Property Management Division, 480 South Allison Parkway, Civic Center South, Lakewood, Colorado 80226-3127. This was based on the recorded plat of GREEN MOUNTAIN VILLAGE F ILING NO.28 and the legal description prepared by John D. Willey, PLS # 23528, Registered Land Surveyor with Willey RLS, Inc., 2756 West 107th Court, Unit B, Westminster, Colorado, 80234, Phone # 303-635-1673.
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