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O-2009-3
AN ORDINANCE
AUTHORIZING AN EASEMENT AGREEMENT FOR NEW UNDERGOUND WATER LINE AND AN EXISTING UNDERGROUND WATER LINE AND RELATED FACILITIES TO BANCROFT CLOVER WATER AND SANITATION DISTRICT ACROSS BELMAR PARK AT TWO DIFFERENT LOCATIONS, LAKEWOOD, COLORADO
WHEREAS, Bancroft Clover Water and Sanitation District has requested that the City of Lakewood convey to said District an easement for a new underground water line and related appurtenances described in Exhibit "A" and an existing underground water line and related appurtenances described in Exhibit "B" across land owned 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 Easement Agreements for a water line, in form approved by the City Attorney, to Bancroft Clover Water and Sanitation District across the land described in Exhibit "A" and Exhibit "B" attached hereto and made a part hereof, for underground water line 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 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 January 2009.
Bob Murphy, Mayor
ATTEST:
Margy Greer, City Clerk
APPROVED AS TO FORM:
Tim Cox, City Attorney
Exhibit "A"
A parcel of land located in the Southwest One-quarter (SW¼) of Section 14, Township 4 South, Range 69 West of the 6th Principal Meridian, City of Lakewood, County of Jefferson, State of Colorado, more particularly described as follows:
Bearings are assumed and are based on the East line of the said SW¼ bears N 00º18'48" W between the South Quarter corner of said Section 14, being a 3" aluminum cap, LS# 9133 and the Center Quarter corner of said Section 14, being a 3 1/4" aluminum cap, LS# 20699.
Commencing at the South Quarter corner of said Section 14; thence N 13º56'20" W, a distance of 1,363.60 feet, more or less, to a point on the South line of the Northeast One-quarter (NE¼) of said SW¼, said point being the True Point of Beginning; thence S 89º18'48" W along said last South line, said South line being in common with the North line of KORBER SUBDIVISION, the plat of which is recorded in Plat Book 8, at Page 36, of the records of the Jefferson County Clerk and Recorder and the northerly right-of-way line of Kentucky Avenue as described in those instruments recorded in Book 1016, at Page 450, and Book 1125, at Page 391, of said records, a distance of 30.00 feet; thence departing said South line N 00º43"08" W, a distance of 8.00 feet, more or less, to a point on the southerly line of an easement conveyed to Bancroft Clover Water and Sanitation District described in that instrument recorded at Reception No. 83064969, of said records; thence N 89º18'48" E, along said southerly line, a distance of 30.00 feet; thence departing said southerly line S 00º43'08" E, a distance of 8.00 feet, more or less, to the True Point of Beginning, said parcel contains an area of 240 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 is
for a water line easement and was based on the legal description prepared by
DuWayne M. Phillips, P.L.S. # 9329, registered land surveyor with Merrick &
Company, 2450 South Peoria Street, Aurora, Colorado, 80014-5472, phone # 303-
751-0741, Job # 03014122.
Exhibit "B"
A parcel of land lying in the North One-Half (N½) of the Southwest One-Quarter (SW¼) of Section 14, Township 4 South, Range 69 West of the 6th Principal Meridian, City of Lakewood, County of Jefferson, State of Colorado, being more particularly described as follows:
Commencing at the Southwest corner of said N½; thence N 89°27'43" E along the South line of said N½ (assumed bearing all other bearings herein related hereto) said South line being in common with the North line of FOX HOLLOW SUBDIVISION FILING NO. 1, the plat of which is recorded in Plat Book 77, at Pages 51 and 52, in the records of the Jefferson County Clerk and Recorder, a distance of 140.99 feet, more or less, to the Northwest corner of a 50-foot easement conveyed to Bancroft-Clover Water and Sanitation District recorded in that instrument recorded at Reception No. 83064970, of said records, said corner being the True Point of Beginning; thence continuing N 89°27'43" E along said South and North line respectively, a distance of 50.00 feet, more or less, to the Northeast corner of said easement; thence N 00°01'59" W along the northerly extended East line of said easement, a distance of 8.00 feet, more or less, to the southerly line of a 30-foot easement conveyed to Bancroft-Clover Water and Sanitation District described in that instrument recorded at Reception No. 81035929, of said records; thence S 89°27'43" W along the southerly line of said 30-foot easement, a distance of 50.00 feet; thence departing said last southerly line S 00°01'59" E, a distance of 8.00 feet, more or less, to the True Point of Beginning, said parcel containing an area of 400 square feet, more or less.
The foregoing legal description was prepared on December 23, 2008 by Spencer Curtis, Right-of-Way Agent, Property Management Division, Finance Department, City of Lakewood, 480 South Allison Parkway, Civic Center South, Lakewood, Colorado 80226-3127. This legal description was based on that easement conveyed to Bancroft-Clover Water and Sewer District Easement recorded at said Reception No. 83064970. The intent of this easement is to fill an 8-foot gap between last said easement and another Bancroft-Clover Water and Sewer District Easement recorded at said Reception No. 81035929, lying in Belmar Park.
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