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O-2007-29
AN ORDINANCE
AUTHORIZING SIGNATURE OF A NON-EXCLUSIVE EASEMENT TO PUBLIC SERVICE COMPANY FOR ELECTRICAL DISTRIBUTION LINES AND RELATED APPURTENANCES ACROSS TRACT B, DANIELS PLACE SUBDIVISION LOCATED ON THE WEST SIDE OF NELSON STREET SOUTH OF THE REGIONAL TRANSPORTATION DISTRICT PROPERTY IN THE VICINITY OF WEST 13TH AVENUE AND NELSON STREET, LAKEWOOD, COLORADO, FURTHER DECLARING AN EMERGENCY
WHEREAS, Public Service Company has requested that the City of Lakewood convey to Public Service Company a non-exclusive easement for electrical distribution lines and related appurtenances across Tract B, DANIELS PLACE SUBDIVISION located on the West side of Nelson Street South of the Regional Transportation District property in the vicinity of West 13th Avenue and Nelson Street across land owned by the City; and
WHEREAS, said land owned by the City was conveyed to the City by the plat of DANIELS PLACE SUBDIVISION 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 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 a non-exclusive easement, in form approved by the City Attorney, to Public Service Company across the land described in Exhibit "A" attached hereto and made a part hereof, for electrical distribution lines and related appurtenances.
SECTION 2. This ordinance shall take effect immediately.
SECTION 3. Emergency. This ordinance is necessary for the immediate preservation of the City of Lakewood's peace, health and safety by granting the non-exclusive easement for electrical distribution lines and related appurtenances across said Tract B and allowing the construction of the facility to proceed in a timely manner.
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 27th day of August, 2007; published by title in the Rocky Mountain News and in full on the City of Lakewood's website, www.lakewood.org, on the 30th day of August, 2007; set for public hearing on the 10th day of September, 2007, read, finally passed and adopted by the City Council on the 10th day of September, 2007, and, signed and approved by the Mayor on the 11th day of September, 2007.
Stephen A. Burkholder, Mayor
ATTEST:
Sharon Blackstock, Acting City Clerk
APPROVED AS TO FORM:
Paul Kennebeck, Interim City Attorney
EXHIBIT "A"
Legal Description
A non-exclusive easement over, under, through and across Tract B, DANIELS PLACE
SUBDIVISION for the construction, operation, maintenance, repair and replacement
of electrical distribution lines and appurtenances
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