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AN ORDINANCE

AUTHORIZING THE CITY MANAGER TO EXECUTE AN AFFIDAVIT ATTESTING TO THE FACT THAT THE CITY DID NOT ACQUIRE DITCH RIGHTS FROM JOHN AND EDNA HAVENS IN CONJUNCTION WITH A LAND ACQUISITION FOR BELMAR PARK IN 2000

WHEREAS, the City of Lakewood acquired a 1.289 acre parcel of land to be added to Belmar Park in 2000 from John and Edna Havens; and,

WHEREAS, the transaction included a bargain and sale deed which conveyed certain water rights associated with the park acquisition and specifically excluded water rights associated with the remainder of the Havens estate; and,

WHEREAS, the appraisal done for the park acquisition specifically states that the value does not include water rights; and,

WHEREAS, City staff involved in the transaction in 2000 understood that there were no ditch rights being conveyed with the park parcel but were to remain with the Havens estate; and,

WHEREAS, the Consolidated Mutual Water Company desires to purchase those ditch rights from the Havens Estate and have asked for an affidavit from the City that it does not claim ownership of the ditch rights by way of the aforementioned bargain and sale deed.

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

SECTION 1. The City Manager is authorized to execute, and the City Clerk to attest an affidavit attesting to the fact that the City does not claim any interest to the ditch rights that are to be conveyed from the Havens to Consolidated Mutual Water Company.

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 26th day of March, 2007; published by title in the Rocky Mountain News and in full on the City of Lakewood's website, www.lakewood.org, on the 29th day of March, 2007; set for public hearing on the 9th day of April, 2007, read, finally passed and adopted by the City Council on the 9th day of April, 2007, and, signed and approved by the Mayor on the 10th day of April, 2007.

Stephen A. Burkholder, Mayor

ATTEST:
Margy Greer, City Clerk

APPROVED AS TO FORM:
Roger Noonan, City Attorney

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