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Ordinance O-2008-15
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O-2008-15

AN ORDINANCE

AUTHORIZING SIGNATURE OF AN EASEMENT TO PUBLIC SERVICE COMPANY FOR UTILITY LINES AND RELATED FACILITIES ACROSS PROPERTY OWNED BY THE CITY LOCATED AT 8750 WEST 14TH AVENUE, LAKEWOOD, COLORADO

WHEREAS, Public Service Company has requested the City of Lakewood to convey to Public Service Company an easement for utility lines and related appurtenances due to the relocation of the existing utility lines along West 13th Avenue to West 14th Avenue to accommodate the construction of the Light Rail for the Fast Tracks; and

WHEREAS, said land owned by the City was conveyed to the City by Donna J. Ciccarelli and was further accepted by the City; 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, 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 utility lines 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 9th day of June, 2008; published by title in the Rocky Mountain News and on the City of Lakewood's website, www.lakewood.org., on the 12th day of June, 2008; set for public hearing on the 23rd day of June, 2008; read, finally passed and adopted by the City Council on the 23rd day of June, 2008 and signed and approved by the Mayor on the 24th day of June, 2008.

Bob Murphy, Mayor

ATTEST:
Margy Greer, City Clerk

APPROVED AS TO FORM:
Tim Cox, City Attorney

Exhibit A

Two easements lying in the Northeast One quarter (NE¼) of Section 3, 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:

Easement One

Commencing at the Southwest corner of the Northeast One quarter (NE¼) of said NE¼; thence North along the West line of said NE¼ NE¼ (assuming said West line bears due North all other bearings hereafter related thereto), a distance of 580.3 feet; thence East, a distance of 267.00 feet, more or less, to the Southeast corner of that tract of land conveyed to the City of Lakewood described in that instrument recorded at Reception Number 90069713, of the records of the Jefferson County Clerk and Recorder; thence North along a line parallel with said West line, said parallel line being in common with, the East line of said tract, a distance of 79.55 feet, more or less, to the Northeast corner of said tract, said Northeast corner also lying on the South right-of-way line of West 14th Avenue and being the True Point of Beginning; thence West along the North line of said tract, said North line being in common with said right-of-way line, a distance of 82.10 feet, more or less, to an angle point in said North line; thence continuing along said North line S 61º44" W, a distance of 10.56 feet; thence leaving said North line easterly along a line 5.00 feet southerly of and parallel with said North, a distance of 91.40 feet, more or less, to said East line; thence North along said East line, a distance of 5.00 feet, more or less, to the True Point of Beginning.

Easement Two

Commencing at the Southwest corner of said NE¼ NE¼; thence North along the West line of said NE¼ NE¼, a distance of 580.3 feet; thence East, a distance of 140.00 feet, more or less, to the Southwest corner of that tract of land conveyed to the City of Lakewood described in that instrument recorded at Reception Number 90069713, of the records of the Jefferson County Clerk and Recorder; thence North along a line parallel with said West line, said parallel line being in common with the West line of said tract, a distance of 79.55 feet, more or less, to the Northwest corner of said tract, said Northwest corner also lying on the South right-of-way line of West 14th Avenue and being the True Point of Beginning; thence East along the North line of said tract, said North line being in common with said right-of-way line, a distance of 18.35 feet, more or less, to an angle point in said North line; thence continuing along said North line S 59º40" E, a distance of 8.55 feet; thence leaving said North line westerly along a line 5.00 feet southerly of and parallel with said North, a distance of 28.25 feet, more or less, to the West line of said tract; thence North along said last West line, a distance of 5.00 feet, more or less, to the True Point of Beginning.

The foregoing legal description was prepared by Ted Van Horn on June 2, 2008, City of Lakewood, Property Management Division, 480 South Allison Parkway, Civic Center South, Lakewood, Colorado 80226-3127. This was based on the legal description prepared by David D. Steck, PLS # 14157, Registered Land Surveyor with Steck and Associates, 7349 Grant Ranch Blvd, Suite 814, Littleton, Colorado, 80123, Phone # (303) 995-0148, Job # 08-04--01.