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AS AMENDED
JANUARY 28, 2008
2008-11
A RESOLUTION
AUTHORIZING CONDEMNATION OF PROPERTY INTERESTS ACROSS 11501 WEST COLFAX AVENUE AND 1485 SIMMS STREET FOR THE COLFAX/SIMMS STREET INTERSECTION IMPROVEMENT PROJECT. AND THE PROPERTY OWNER ON SIMMS STREET MAY OBTAIN AN APPRAISAL AT CITY EXPENSE.
WHEREAS, the City Council of the City of Lakewood authorized condemnation of the property interests necessary to complete the Colfax/Simms Street Intersection Improvement Project by Ordinance 0-2006-20 if negotiations to purchase the property were unsuccessful; and
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 RESOLVED, by the City Council of the City of Lakewood, Colorado, that:
SECTION 1. 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," pursuant to the authorization contained in Ordinance 0-2006-20.
INTRODUCED, READ AND ADOPTED by a vote of 9 For and 2 Against at a regular meeting of the City Council on January 28, 2008, at 7 o'clock p.m. at Lakewood Civic Center, 480 South Allison Parkway, Lakewood, Colorado.
Bob Murphy, Mayor
ATTEST:
Margy Greer, City Clerk
EXHIBIT "A"
Legal description for the Permanent Easement Parcel PE-8 (11501West Colfax Avenue)
A parcel of land being a part of Lot 47 and Lot 48, Block 1, NEW ROCHELLE SUBDIVISION, the plat of which is recorded in Plat Book 2, at Page 76, of the records of the Jefferson County Clerk and Recorder and lying in the Southwest One-quarter (SW¼) of Section 33, Township 3 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 Southwest corner of said SW¼; thence N 89º36'22" E along the South line of said SW¼ (assumed bearing all other bearings hereafter related thereto), a distance of 199.91 feet; thence N 00º23'38" W, a distance of 60.00 feet, more or less, to a point on the West line of said Lot 48, said point being the Northwest corner of that tract of land conveyed to Jefferson County described in that instrument in Book 359, at Page 501, of said records, said Northwest corner being the True Point of Beginning and lying on the North right-of-way line of West Colfax Avenue; thence leaving said last North line N 00º26'31" W along the West line of said Lot 48 and Lot 47, a distance of 5.70 feet; thence leaving said West line S 89º14'40" E, a distance of 115.08 feet; thence N 60º19'10" E, a distance of 11.36 feet, more or less, to the East line of said Lot 47; thence S 00º26'42" E along the East line of said Lots 47 and the East line of said Lot 48, said East line being in common with the West right-of-way line of Routt Street, a distance of 8.95 feet, more or less, to the Northeast corner of said tract; thence S 89º36'22" W along the North line of said tract, said last North line being in common with the North right-of-way line of West Colfax Avenue, a distance of 124.97 feet, more or less, to the True Point of Beginning, the above described parcel contains an area of 585 square feet, more or less.
Project Basis of Bearings - A modified state plane coordinate base from GPS observations. The South line of the Southwest One-quarter (NW¼) between the Southwest corner of said of Section 33, Township 3 South, Range 69 West of the Sixth Principal Meridian a found 2½' alumcap, illegible stamped and the South One-quarter corner of said Section 33 a 3¼" alumcap LS 19591 bears N 89º36'22" E.
The foregoing legal description is for Parcel PE-8, which is a Permanent Easement for pedestrian and utility facilities and traffic control devices across the property located at 11503 West Colfax Avenue for the Colfax Avenue (SH-40) at Simms Street Improvement Project, Project Number STU M760-013, Project Code 14961. This was prepared by Ted Van Horn on August 26, 2006, City of Lakewood, Property Management Division and checked and certified by George Buckey, PLS #19591, City of Lakewood, Survey Section, 480 South Allison Parkway, Lakewood, Colorado 80226-3105. This was based on the Colfax Avenue (SH-40) at Simms Street Improvement Project Right of Way Map provided by the City of Lakewood's Department of Public Works.
Legal description for Temporary Construction Easement Parcel TE-8 (11501 West Colfax Avenue)
A parcel of land being a part of Lot 47 and Lot 48, Block 1, NEW ROCHELLE SUBDIVISION, the plat of which is recorded in Plat Book 2, at Page 76, of the records of the Jefferson County Clerk and Recorder and lying in the Southwest One-quarter (SW¼) of Section 33, Township 3 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 Southwest corner of said SW¼; thence N 89º36'22" E along the South line of said SW¼ (assumed bearing all other bearings hereafter related thereto), a distance of 199.91 feet; thence N 00º23'38" W, a distance of 60.00 feet, more or less, to a point on the West line of said Lot 48, said point being the Northwest corner of that tract of land conveyed to Jefferson County described in that instrument in Book 359, at Page 501, of said records thence N 00º26'31" W along the West line of said Lots 48 and 47, a distance of 5.70 feet, more or less, to a point on the West line of said Lot 47, said point being the True Point of Beginning; thence continuing along the West line of said Lot 47 N 00º26'31" W, a distance of 18.98 feet; thence leaving said West line N 89º24'44" E, a distance of 124.97 feet, more or less, to the East line of said Lot 47; thence S 00º26'42" E along the East line of said Lots 47, said East line being in common with the West right-of-way line of Routt Street, a distance of 16.16 feet; thence leaving said East line S 60º19'10" W, a distance of 11.36 feet; thence N 89º14'40" W, a distance of 115.08 feet, more or less, to the True Point of Beginning, the above described parcel contains an area of 2,527 square feet, more or less.
Project Basis of Bearings - A modified state plane coordinate base from GPS observations. The South line of the Southwest One-quarter (NW¼) between the Southwest corner of said of Section 33, Township 3 South, Range 69 West of the Sixth Principal Meridian a found 2½' alumcap, illegible stamped and the South One-quarter corner of said Section 33 a 3¼" alumcap LS 19591 bears N 89º36'22" E.
The foregoing legal description is for Parcel TE-8, which is a Temporary Construction Easement across the property located at 11503 West Colfax Avenue for the Colfax Avenue (SH-40) at Simms Street Improvement Project, Project Number STU M760-013, Project Code 14961. This was prepared by Ted Van Horn on August 26, 2006, City of Lakewood, Property Management Division and checked and certified by George Buckey, PLS #19591, City of Lakewood, Survey Section, 480 South Allison Parkway, Lakewood, Colorado 80226-3105. This was based on the Colfax Avenue (SH-40) at Simms Street Improvement Project Right of Way Map provided by the City of Lakewood's Department of Public Works.
Legal description for fee simple Parcel 12 (1485 Simms Street)
A parcel of land being a part of Lots 95 thru Lot 99 inclusive, Block 1, DANIELS GARDENS, the plat of which is recorded in Plat Book 5, at Page 92, of the records of the Jefferson County Clerk and Recorder and lying in the Northeast One-quarter (NE¼) of Section 5, 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 00º11'00"
W along the East line of said NE¼ (assumed bearing all other bearings
hereafter related thereto), a distance of 190.45 feet; thence N 89º49'00"
W, a distance of 37.90 feet, more or less, to a point on the North line of said
Lot 95, said last North line being in common with the South line of said Lot
1, said Block 1, and the South line of that part identified as "12 ft Easement"
across said Lot 1, said point also being the Northwest corner of that tract
of land conveyed to the City of Lakewood described in that instrument recorded
in Book 3010, at Page 159, of said records and being the True Point of Beginning;
thence
S 03º04'54" W along the West line of said tract, said last West line
being in common with the West right-of-way line of Simms Street, a distance
of 110.01 feet, more or less, to an angle point in the West line of said tract;
thence continuing along said last West line S 46º27'18" W, a distance
of 29.45 feet, more or less, to the Southwest corner of said tract, said Southwest
corner also lying on the South line of said Lot 99; thence leaving said tract
S 89º50'33" W along said South line, said South lot line being in
common with the North right-of-way line of Independence Avenue, a distance of
11.60 feet; thence leaving said South line N 42º26'33" E, a distance
of 32.61 feet; thence
N 00º14'03" E, a distance of 47.51 feet; thence N 01º53'31"
E, a distance of 56.45 feet; thence S 89º36'25" W, a distance of 6.46
feet; thence N 00º23'35" W, a distance of 2.07 feet, more or less,
to the North line of said Lot 95; thence N 89º36'25" E along said
last North line, said North line being in common with the South line of said
Lot 1, a distance of 21.27 feet, more or less, to the True Point of Beginning,
the above described parcel contains an area of 1,736 square feet, more or less.
Project Basis of Bearings - A modified state plane coordinate base from GPS
observations. The South line of the Southwest One-quarter (NW¼) between
the Southwest corner of said of Section 33, Township 3 South, Range 69 West
of the Sixth Principal Meridian a found 2½' alumcap, illegible stamped
and the South One-quarter corner of said Section 33 a 3¼" alumcap
LS 19591 bears N 89º36'22" E.
The foregoing legal description is for Parcel 12, which is a fee simple parcel
across the property located at 1485 Simms Street for the Colfax Avenue (SH-40)
at Simms Street Improvement Project, Project Number STU M760-013, Project Code
14961. This was prepared by Ted Van Horn on August 26, 2006, City of Lakewood,
Property Management Division and checked and certified by George Buckey, PLS
#19591, City of Lakewood, Survey Section, 480 South Allison Parkway, Lakewood,
Colorado 80226-3105. This was based on the Colfax Avenue (SH-40) at Simms Street
Improvement Project Right of Way Map provided by the City of Lakewood's Department
of Public Works.
Legal description for Temporary Construction Easement Parcel TE-12 (1485 Simms Street)
A parcel of land being a part of Lots 95 thru Lot 99 inclusive, Block 1, DANIELS GARDENS, the plat of which is recorded in Plat Book 5, at Page 92, of the records of the Jefferson County Clerk and Recorder and lying in the Northeast One-quarter (NE¼) of Section 5, 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 00º11'00"
W along the East line of said NE¼ (assumed bearing all other bearings
hereafter related thereto), a distance of 190.45 feet; thence N 89º49'00"
W, a distance of 37.90 feet, more or less, to a point on the North line of said
Lot 95, said last North line being in common with the South line of said Lot
1, said Block 1, and the South line of that part identified as "12 ft Easement"
across said Lot 1, said point also being the Northwest corner of that tract
of land conveyed to the City of Lakewood described in that instrument recorded
in Book 3010, at Page 159, of said records; thence S 89º36'25" W along
said last North line, a distance of 21.27 feet to the True Point of Beginning;
thence leaving said North line S 00º23'35" E, a distance of 2.07 feet;
thence N 89º36'25" E, a distance of 6.46 feet; thence S 01º53'31"
W, a distance of 56.45 feet; thence S 00º14'03" W, a distance of 47.51
feet; thence S 42º26'33" W, a distance of 32.61 feet, more or less,
to the South line of said Lot 99; thence S 89º50'33" W along said
South line, said South line being in common with the North right-of-way line
of Independence Avenue, a distance of 4.08 feet; thence leaving said South line
N 42º26'33" E, a distance of 22.12 feet; thence N 01º08'03"
E, a distance of 113.70 feet, more or less, to the North line of said Lot 95;
thence N 89º36'25" E along said last North line, said North line being
in common with the South line of said Lot 1, a distance of 4.49 feet, more or
less, to the True Point of Beginning, the above described parcel contains an
area of 1,238 square feet, more or less.
Project Basis of Bearings - A modified state plane coordinate base from GPS
observations. The South line of the Southwest One-quarter (NW¼) between
the Southwest corner of said of Section 33, Township 3 South, Range 69 West
of the Sixth Principal Meridian a found 2½' alumcap, illegible stamped
and the South One-quarter corner of said Section 33 a 3¼" alumcap
LS 19591 bears N 89º36'22" E.
The foregoing legal description is for Parcel TE-12, which is a Temporary Construction Easement across the property located at 1485 Simms Street for the Colfax Avenue (SH-40) at Simms Street Improvement Project, Project Number STU M760-013, Project Code 14961. This was prepared by Ted Van Horn on August 26, 2006, City of Lakewood, Property Management Division and checked and certified by George Buckey, PLS #19591, City of Lakewood, Survey Section, 480 South Allison Parkway, Lakewood, Colorado 80226-3105. This was based on the Colfax Avenue (SH-40) at Simms Street Improvement Project Right of Way Map provided by the City of Lakewood's Department of Public Works.
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