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O-2009-4
AN ORDINANCE
AUTHORIZING AN EASEMENT AGREEMENT FOR UNDERGROUND WATER LINE AND RELATED FACILITIES TO BANCROFT CLOVER WATER AND SANITATION DISTRICT ACROSS SANDERSON GULCH GREENBELT, LAKEWOOD, COLORADO; FURTHER DECLARING AN EMERGENCY
WHEREAS, Bancroft Clover Water and Sanitation District has requested that the City of Lakewood convey to said District an easement for an underground water line and related appurtenances 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; and
WHEREAS, Public Works has scheduled the Sanderson Gulch Greenbelt Storm Drainage Improvement Project in the first quarter of 2009 and would like Bancroft Clover Water and Sanitation District to complete the construction of this water line within the first quarter of 2009. The need for the water line to be constructed within the first quarter of 2009 creates the need for an emergency provision.
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 Agreement 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" attached hereto and made a part hereof, for underground water line and related appurtenances.
SECTION 2. Emergency. This ordinance is necessary for the immediate preservation of the City of Lakewood's peace, health and safety. The expeditious installation of the water line is necessary so that City can proceed on schedule with the construction of the Sanderson Gulch Greenbelt Storm Drainage Improvement Project.
SECTION 3. This ordinance shall take effect upon signature of the Mayor.
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 January, 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 Quarter of Section 24, 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:
Bearings are assumed and are based on the westerly line of the Southwest Quarter of Section 24, Township 4 South, Range 69 West of the 6th Principal Meridian as bearing N 00º45'37" W between the Southwest corner of said Section 24, being a 1" steel bar in range box and the West Quarter corner of said Section 24, being a 2 1/2" aluminum cap, LS# 13528.
Commencing at the Southwest corner of said Section 24; thence N 30º31'56" E, a distance of 1,350.06 feet, more or less, to a point on the southerly boundary line of SANDERSON CREEK, the plat of which is recorded in Plat Book 84, at Page 40, at Reception No. 85057473, of the records of the Jefferson County Clerk and Recorder, said point being the True Point of Beginning; thence N 58º15'43" W, along said southerly boundary line, a distance of 35.58 feet; thence N 31º43'53" E, departing said southerly boundary line, a distance of 6.84 feet; thence N 76º43'53" E, a distance of 26.73 feet; thence N 31º43'53" E, a distance of 57.67 feet; thence N 76º43'53" E, a distance of 27.81 feet; thence N 87º58'53" E, a distance of 25.28 feet; thence S 88º01'07" E, a distance of 89.83 feet; thence S 65º31'07" E, a distance of 111.59 feet; thence S 88º01'07" E a distance of 33.53 feet; thence N 69º28'53" E, a distance of 10.98 feet; thence N 71º28'53" E, a distance of 130.15 feet; thence S 86º19'46" E, a distance of 33.87 feet; thence S 85º19'46" E, a distance of 32.65 feet; thence S 62º49'46" E, a distance of 42.41 feet; thence S 58º49'46" E, a distance of 33.62 feet; thence S 36º19'46" E, a distance of 55.97 feet; thence S 13º49'46" E, a distance of 52.96 feet; thence S 02º34'46" E, a distance of 46.01 feet; thence S 06º34'46" E, a distance of 23.09 feet; thence S 10º34'46" E, a distance of 6.94 feet, more or less, to a point on the westerly boundary line of WHITE FENCE FARM SUBDIVISION, the plat of which is recorded in Plat Book 160, at Page15, at Reception No. F1217305, of said records; thence S 00º38'36" E along said westerly boundary line, a distance of 9.71 feet; thence S 11º55'14" W, departing said westerly boundary line, a distance of 14.82 feet; thence S 20º03'41" W, a distance of 25.89 feet; thence S 11º55'14" W, a distance of 34.96 feet; thence S 12º55'14" W, a distance of 35.07 feet; thence S 57º55'14" W, a distance of 29.67 feet; thence S 55º17'43" W, a distance of 12.11 feet; thence S 56º55'14" W, a distance of 17.31 feet; thence S 60º55'14" W, a distance of 10.55 feet; thence S 15º55'14" W, a distance of 3.42 feet, more or less, to a point on the northerly boundary line of ANDERSON FARM FILING NO. 1, the plat of which is recorded in Plat Book 130, at Page 21, at Reception No. F0272440, of said records; thence along said northerly boundary line the following two (2) courses:
1. N 78º06'54" W, a distance of 29.02 feet;
2. thence N 73º06'54" W, a distance of 1.05 feet;
thence leaving said last boundary line N 15º55'14" E, a distance of 17.87 feet; thence N 60º55'14" E, a distance of 21.93 feet; thence N 56º55'14" E, a distance of 15.84 feet; thence N 55º17'43" E, a distance of 12.38 feet; thence N 57º55'14" E, a distance of 17.93 feet; thence N 12º55'14" E, a distance of 22.39 feet; thence N 11º55'14" E, a distance of 22.28 feet; thence N 33º04'46" W, a distance of 17.25 feet; thence N 11º55'14" E, a distance of 22.43 feet; thence N 56º55'14" E, a distance of 22.13 feet; thence N 06º34'46" W, a distance of 33.60 feet; thence N 02º34'46" W, a distance of 44.10 feet; thence N 13º49'46" W, a distance of 44.04 feet; thence N 36º19'46" W, a distance of 44.03 feet; thence N 58º49'46" W, a distance of 26.60 feet; thence 62º49'46" W, a distance of 35.39 feet; thence N 85º19'46" W, a distance of 26.42 feet; thence N 86º19'46" W, a distance of 27.72 feet; thence S 71º28'53" W, a distance of 123.74 feet; thence S 69º28'53" W, a distance of 16.42 feet; thence N 88º01'07" W, a distance of 45.46 feet; thence N 65º31'07" W, a distance of 111.59 feet; thence N 88º01'07" W, a distance of 82.81 feet; thence S 87º58'53" W, a distance of 21.28 feet; thence S 76º43'53" W, a distance of 12.43 feet; thence S 31º43'53" W, a distance of 57.67 feet; thence S 76º43'53" W, a distance of 18.83 feet to the True Point of Beginning, said parcel contains 30,444 square feet more or less.
The foregoing legal description was prepared by Ted Van Horn on September 20, 2004, 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 Warren H. Niffenegger, LS # 35601, Registered Land Surveyor with Merrick & Company, 2450 South Peoria Street, Aurora, Colorado, 80014-5472, Phone # 303- 751-0741, Job # 20008429.
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