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AN ORDINANCE
VACATING A PORTION OF SOUTH INDIANA STREET AND WEST EVANS AVENUE RIGHTS-OF-WAY LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 25, TOWNSHIP 4 SOUTH, RANGE 70 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF LAKEWOOD, COUNTY OF JEFFERSON, STATE OF COLORADO
WHEREAS, South Indiana Street and West Evans Avenue were dedicated as part of Springfield Green Subdivision, the plat of which is recorded in Plat Book 88, at Pages 40 through 45; and,
WHEREAS, the public improvements for said intersection were never constructed; and,
WHEREAS, these rights-of-way are to be replatted in a different configuration and are therefore no longer needed.
NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Lakewood, Colorado, that:
SECTION 1. Pursuant to Title 43, Article 2, Colorado Revised Statutes, Case No. VA-01-003, and upon a finding that the described area is no longer necessary for use by the public and that no land would by a vacation be left without an established public road connecting same with another established public road, the property described in the legal description attached hereto as EXHIBIT A be and the same is hereby vacated., provided however, that pursuant to Section 43-2-303(3), Colorado Revised Statutes, the said property described in the legal description is reserved for the continued use of telephone lines and appurtenances and for the continued use of sewer, gas, or water pipelines and appurtenances and electric lines and appurtenances, if any.
SECTION 2. This vacation shall take effect upon recordation of this Ordinance and the replat of the property surrounding this vacation and containing newly dedicated rights-of-way for West Evans Avenue and South Indiana Street.
SECTION 3. The City Clerk is hereby instructed to record a certified copy of this Ordinance in the records of the Jefferson County Clerk and Recorder in conjunction with the replat of the property surrounding this vacation and containing newly dedicated rights-of-way for West Evans Avenue and South Indiana Street.
SECTION 4. 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 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 23rd day of April, 2007, read,
finally passed and adopted by the City Council on the 23rd day of April, 2007,
and, signed and approved by the Mayor on the 24th day of April, 2007.
Stephen A. Burkholder, Mayor
ATTEST:
Margy Greer, City Clerk
APPROVED AS TO FORM:
Roger Noonan, City Attorney
EXHIBIT A
A parcel of land being a part of the West Evans Avenue Right-of-Way and the
South Indiana Street Right-of-Way as dedicated by the plat of SPRINGFIELD GREEN,
the plat of which is recorded in Plat Book 88, at Pages 40 through 45 of the
records of the Jefferson County Clerk and Recorder, and further lying in the
South One-Half (S½) of the Northeast One-Quarter (NE¼) of Section
25, Township 4 South, Range 70 West of the Sixth Principal Meridian, City of
Lakewood, County of Jefferson, State of Colorado, and being more particularly
described as follows:
Commencing at the Northwest corner of the Southwest One-Quarter (SW¼)
of said NE¼, (Basis of Bearings: considering the North line of said S½
NE¼ to bear North 89º12'15" East, with all bearings contained
herein being relative thereto); thence North 89º12'15" East along
said last North line, a distance of 633.94 feet to a point on the northerly
boundary line of said SPRINGFIELD GREEN, said point also being the True Point
of Beginning; Thence continuing North 89º12'15" East along said North
line and along the northerly boundary line of said SPRINGFIELD GREEN, a distance
of 396.42 feet to a point on a curve on the easterly right-of-way line of said
South Indiana Street; Thence along said last easterly Right-of-Way line the
following two (2) courses:
1. along the arc of a non-tangent curve to the left having a central angle of
45º0'24", a radius of 520.00 feet, an arc length of 409.98 feet, and
a long chord which bears South 11º12'33" East;
2. thence South 33º47'45" East, a distance of 580.22 feet to a point
on a curve; Thence along the arc of a non-tangent curve to the left having a
central angle of 07º12'49", a radius of 770.00 feet, an arc length
of 96.94 feet and a long chord which bears South 04º28'16" West to
a point on the westerly Right-of-Way line of said South Indiana Street;
Thence along said last westerly Right-of-Way line the following three (3) courses:
1. North 33º47'45" West, a distance of 656.28 feet to a point of curvature;
2. thence along the arc of a curve to the right having a central angle of 37º18'14",
a radius of 580.00 feet and an arc length of 377.62 feet to a point of reverse
curvature;
3. thence along the arc of a curve to the left having a central angle of 94º18'14",
a radius of 15.00 feet and an arc length of 24.69 feet to a point on the southerly
Right-of-Way line of said West Evans Avenue;
Thence along the southerly Right-of-Way line of said West Evans Avenue the
following two (2) courses:
1. South 89º12'15" West along a line being fifty (50) feet southerly,
when measured at right angles, and parallel with the North line of said S½
of the NE¼, a distance of 311.87 feet to a point on the boundary line
of said SPRINGFIELD GREEN;
2. thence North 00º15'39" West along said boundary line, a distance
of 50.00 feet to the True Point of Beginning;
Containing a calculated area of 1.82 acres, more or less.
The foregoing legal description was prepared by Garrett Downs on March 3, 2007, City of Lakewood Property Management Division, 480 South Allison Parkway, Civic Center South, Lakewood, Colorado 80226-3105. The legal description was based on the legal description and a survey by Thomas D. Staab, PLS 25965 for and on behalf of Carroll & Lange, INC., 165 South Union Blvd., Lakewood, Colorado 80228, 303-980-0200, for the vacation of a portion of West Evans Avenue and South Indiana Street.
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