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AN ORDINANCE

DECLARING THE INTENT OF THE CITY OF LAKEWOOD TO ACQUIRE INTERESTS IN PROPERTY FOR PUBLIC PURPOSES FOR THE CONSTRUCTION OF CURB, GUTTER AND SIDEWALK IMPROVEMENTS ON THE WEST SIDE OF UNION BOULEVARD BETWEEN WEST 6TH AVENUE AND WEST 4TH AVENUE FOR THE UNION BOULEVARD \ WEST 4TH AVENUE IMPROVEMENTS PROJECT, AUTHORIZING NEGOTIATIONS WITH PROPERTY OWNERS, ACCEPTANCE OF CONVEYANCE INSTRUMENTS, AND CONDEMNATION OF REAL PROPERTY INTERESTS 445 UNION BOULEVARD, FURTHER DECLARING AN EMERGENCY

WHEREAS, the City Council of the City of Lakewood has heretofore funded the Union Boulevard \ West 4th Avenue Improvements Project, (hereinafter "Project") by adopting the Transportation Improvement Fund Transportation Improvement Fund for 2007 and appropriating the funds necessary for the Project for this fiscal year; and,

WHEREAS, in furtherance of the Project, the City Council desires to accomplish the following:

A. Declare City of Lakewood's intent to acquire interests in property for public purposes necessary for the Project in fulfillment of the requirements of Section 38-1-121, C.R.S.;

B. Authorize negotiations for and acquisitions of such property interests as may be necessary for the Project, pursuant to Chapter 3.04 of the Lakewood Municipal Code;

C. Accept the instruments of conveyance of the property interests acquired for the Project pursuant to this Ordinance; and

D. Authorize the City Attorney to institute condemnation proceedings to acquire the property interests necessary for the Project, in the event that the City is unable to acquire the interests despite good faith efforts to do so.

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 ORDAINED by the City Council of the City of Lakewood, State of Colorado, that:

SECTION 1. The City Council of the City of Lakewood hereby finds that the Project will serve a public purpose by constructing street and pedestrian improvements and other related improvements to improve traffic circulation and pedestrian safety and furthering the health and welfare of the citizens of Lakewood. The City Council further finds that it is necessary to acquire certain property interests, described in Section 2 herein, to further said public purposes.

SECTION 2. The City Council of the City of Lakewood hereby declares its intent to acquire property interests for public purposes, including but not limited to interests in fee simple, permanent easements, temporary construction easements, and improvements contained therein, as may be necessary for the Project. A description of the property interests, as Exhibit "A," is attached hereto and incorporated herein by this reference. The City Manager, acting by and through the Property Management Division shall give notice of an intent to acquire the interests in property as required by Section 38-1-121, C.R.S.

SECTION 3. The City Manager, by and through the Property Management Division of the Department of Finance of the City of Lakewood, is hereby authorized to negotiate in good faith and to acquire the property interests necessary for the Project, pursuant to Chapter 3.04 of the Lakewood Municipal Code. Negotiations shall be based upon appraisal reports which have been approved by the City Manager. The City Manager is hereby authorized to make offers to any property owner based upon the appraisal reports and to execute agreements for acquisition of property. The City Manager shall obtain City Council approval, by Resolution, before executing any agreement for a purchase price which is both in excess of Fifteen Thousand Dollars ($15,000.00), and in excess of said approved appraisal with any single property owner.

SECTION 4. The City Council, on behalf of the City of Lakewood, hereby accepts, upon recordation, the instruments of conveyance of the property interests acquired for the Project pursuant to this Ordinance.

SECTION 5. The City Treasurer and the Director of Finance are hereby authorized and directed to pay the amounts set forth in the contracts and agreements herein provided for upon receipt of appropriate documentation.

SECTION 6. In the event that the City is unable to negotiate an agreement for the acquisition of any interest in property necessary for the Project, despite good faith efforts to do so, the City Attorney is hereby authorized, on behalf of the City of Lakewood, to exercise the power of eminent domain vested in the City pursuant to Section 14.4 of the Charter for the City of Lakewood.

SECTION 7. The City Attorney is further authorized to apply for immediate possession of the property interests determined necessary for the Project, and the City Treasurer and all other officers and agents of the City are authorized and directed to cooperate with the City Attorney in the condemnation, to make any deposits and payments as may be necessary for acquisition of the property interests, and to pay the costs thereof and the condemnation award as it may be finally determined.

SECTION 8. The City Attorney is further authorized to employ such expert witnesses, including appraisers, as the City Attorney determines necessary for the purposes of the condemnation authorized by this Ordinance, and the City Treasurer and Director of Finance are directed to pay the costs and expenses of employing the expert witnesses and appraisers.

SECTION 9. 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".

SECTION 10. Nothing herein is intended to authorize the expenditure of monies in excess of the funds appropriated for the Project.

SECTION 11. Emergency. This Ordinance is necessary for the immediate preservation of the City of Lakewood's peace, health and safety. In order to accomplish this Project in a timely fashion and to meet the current construction schedule, this ordinance needs to take effect immediately.

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

Exhibit "A"

Legal description for the fee simple Parcel 401

A parcel of land lying in the Northeast One-quarter (NE¼) of Section 8, 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 NE¼; thence S 50º51'47" W (assuming the North line of said NE¼ bears N 89º59'00" W all other bearings hereafter related thereto) a distance of 1,428.65 feet, more or less, to the Southeast corner of Lot 4, FOOTHILLS BUSINESS CENTER, the plat of which is recorded in Plat Book 44, at Pages 5 and 6, of the records of the Jefferson County Clerk and Recorder, said Southeast corner being the True Point of Beginning; thence S 89º13'07" W along the South line of said Lot 4, said South line being in common with the North right-of-way line of West 4th Avenue, a distance of 10.00 feet; thence leaving said South line N 27º55'05" E, a distance of 16.62 feet, more or less, to an angle point on the easterly line of said Lot 4; thence S 08º40'16" E along said easterly line, a distance of 14.72 feet; more or less, to the True Point of Beginning. The above described parcel contains an area of 72.88 square feet, more or less.

Legal description for permanent easement for Parcel PE-401

A parcel of land lying in the Northeast One-quarter (NE¼) of Section 8, 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 NE¼; thence S 50º51'47" W (assuming the North line of said NE¼ bears N 89º59'00" W all other bearings hereafter related thereto) a distance of 1,428.65 feet, more or less, to the Southeast corner of Lot 4, FOOTHILLS BUSINESS CENTER, the plat of which is recorded in Plat Book 44, at Pages 5 and 6, of the records of the Jefferson County Clerk and Recorder; thence S 89º13'07" W along the South line of said Lot 4, said South line being in common with the North right-of-way line of West 4th Avenue, a distance of 10.00 feet to the True Point of Beginning; thence continuing along said South line S 89º13'07" W, a distance of 3.81 feet; thence leaving said South line N 04º02'21" E, a distance of 130.11 feet; thence S 84º16'26" E, a distance of 7.88 feet, more or less, to the easterly line of said Lot 4; thence S 02º42'37" W along said easterly line, a distance of 114.40 feet, more or less, to a platted angle point in said easterly line; thence leaving said easterly line S 27º55'05" W, a distance of 16.62 feet,, more or less, to the True Point of Beginning. The above described parcel contains an area of 1,162.77 square feet, more or less.

Legal description for temporary construction easement for Parcel TE-401

A parcel of land lying in the Northeast One-quarter (NE¼) of Section 8, 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 NE¼; thence S 55º09'53" W (assuming the North line of said NE¼ bears N 89º59'00" W all other bearings hereafter related thereto) a distance of 1,352.23 feet, more or less, to the easterly line of Lot 4, FOOTHILLS BUSINESS CENTER, the plat of which is recorded in Plat Book 44, at Pages 5 and 6, of the records of the Jefferson County Clerk and Recorder; thence leaving said easterly line N 84º16'26" W, a distance of 5.00 feet, more or less, to a point on the westerly line of that Bike Trail & Drainage Easement across said Lot 4, said point being the True Point of Beginning; thence leaving said westerly line and continuing N 84º16'26" W, a distance of 2.87 feet; thence S 04º02'21" W, a distance of 92.80 feet, more or less, to the said westerly line; thence S 32º24'39" W along said westerly line, a distance of 25.25 feet; thence leaving said westerly line N 03º13'31" E, a distance of 281.73 feet, more or less, to the North line of said Lot 4; thence N 89º45'27" E along said last North line, a distance of 20.03 feet, more or less, to the Northeast corner of said Lot 4; thence S 02º42'37" W along the easterly line of said Lot 4, a distance of 83.13 feet; thence leaving said easterly line N 87º17'23" W, a distance of 5.00 feet, more or less, to the westerly line of said Bike Trail & Drainage Easement; thence S 02º42'37" W along said last westerly line, a distance of 85.06 feet, more or less, to the True Point of Beginning. The above described parcel contains an area of 4,390.21 square feet, more or less.

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