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O-2009-2

AN ORDINANCE

AUTHORIZING A PERMANENT EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT FOR THE REPAIR OF AN EXISTING UNDERGROUND SANITARY SEWER LINE AND RELATED FACILITIES TO EAST JEFFERSON COUNTY SANITATION DISTRICT ACROSS SLOANS LAKE GREENBELT BETWEEN FENTON STREET AND EATON STREET AT APPROXIMATELY WEST 18TH AVENUE, LAKEWOOD, COLORADO

WHEREAS, East Jefferson County Sanitation District has an existing underground sanitary sewer line located within the Sloans Lake Greenbelt between Fenton Street and Eaton Street; and

WHEREAS, this sanitary sewer line was constructed prior to the incorporation of the City of Lakewood and East Jefferson County Sanitation District never obtained an easement for this facility; and

WHEREAS, the sanitary sewer line is in need of repair and East Jefferson County Sanitation District has a project to repair said sewer line and would like to obtain a Permanent Easement described in Exhibit "A", attached hereto and made a part hereof for this existing facility and a Temporary Construction Easement described in Exhibit "B" attached hereto and made a part hereof to allow it to repair the facility; and

WHEREAS, East Jefferson County Sanitation District has requested the City of Lakewood convey to said District an easement for the existing underground sanitary sewer line and related appurtenances and a Temporary Construction Easement to allow the District to repair its sewer line across land owned by the City; 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 an easement for a sanitary sewer line and a Temporary Construction Easement to repair said sanitary sewer line, in form approved by the City Attorney, to East Jefferson County Sanitation District across the land described in Exhibit "A" for a underground sanitary sewer line and related appurtenances and a Temporary Construction Easement across the land described in Exhibit "B".

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 12th day of January 2009; published by title in the Rocky Mountain News and in full on the City of Lakewood's website, www.lakewood.org., on the 15th day of January 2009; set for public hearing on the 26th day of January 2009; read, finally passed and adopted by the City Council on the 26th day of Janaury, 2009, and signed, and approved by the Mayor on the 27th day of Janaury 2009.

Bob Murphy, Mayor

ATTEST:
Margy Greer, City Clerk

APPROVED AS TO FORM:
Tim Cox, City Attorney

Exhibit "A"

A thirty (30.00) foot wide strip of land lying in the Southeast One-quarter (SE¼) of Section 36, Township 3 South, Range 69 West of the 6th Principal Meridian, City of Lakewood, County of Jefferson, State of Colorado, also being a portion of Lots 3, 4, 29, 30, 31 and 32, Block 11, EDGEWATER ANNEX, the plat of which is recorded in Plat Book 2, at Page 57, of the records of the Jefferson County Clerk and Recorder and lying fifteen (15.00) feet on each side of the following described centerline;

Beginning at a point on the West line of said Block 11, which is 15.00 feet southerly measured perpendicular to the North line of said Lot 3, from the Northwest corner of said Lot 3; thence easterly along a line parallel to and 15.00 feet southerly of the North line of said Lot 3, a distance of 223.00 feet; thence northeasterly on a deflection angle to the left of 42º52'10", a distance of 58.76 feet, more or less, to the Northeast corner of said Lot 31, said Northeast corner being the point of terminus of the herein described centerline. All sidelines of said easement are lengthened or shortened to their intersections and lengthen or shortened to the intersection of the West line and the East line of said Block 11. The above described parcel contains an area of 8,455 square feet, more or less.

The foregoing legal description was prepared by Ted Van Horn on December 22, 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 John P. McQuire, P.L.S. # 28279, Registered Land Surveyor with SEH Inc., 390 Union Boulevard, Suite 630, Lakewood, Colorado, 80228, Phone # (303) 586-5819, Job # ASG200401200 and is not to be construed as representing a monumented land survey.

Exhibit "B"

A fifty (50.00) foot wide strip of land lying in the Southeast One-quarter (SE¼) of Section 36, Township 3 South, Range 69 West of the 6th Principal Meridian, City of Lakewood, County of Jefferson, State of Colorado, also being a portion of Lots 3, 4, 29, 30, 31 and 32, Block 11, EDGEWATER ANNEX, the plat of which is recorded in Plat Book 2, at Page 57, of the records of the Jefferson County Clerk and Recorder and lying twenty-five (25.00) feet on each side of the following described centerline;

Beginning at a point on the West line of said Block 11, which is 15.00 feet southerly measured perpendicular to the North line of said Lot 3, from the Northwest corner of said Lot 3; thence easterly along a line parallel to and 15.00 feet southerly of the North line of said Lot 3, a distance of 223.00 feet; thence northeasterly on a deflection angle to the left of 42º52'10", a distance of 58.76 feet, more or less, to the Northeast corner of said Lot 31, said Northeast corner being the point of terminus of the herein described centerline. All sidelines of said easement are lengthened or shortened to their intersections and lengthen or shortened to the intersection of the West line and the East line of said Block 11. The above described parcel contains an area of 14,045 square feet, more or less.

The foregoing legal description was prepared by Ted Van Horn on December 22, 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 John P. McQuire, P.L.S. # 28279, Registered Land Surveyor with SEH Inc., 390 Union Boulevard, Suite 630, Lakewood, Colorado, 80228, Phone # (303) 586-5819, Job # ASG200401200 and is not to be construed as representing a monumented land survey.

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