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Ordinance O-2009-13
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O-2009-13

AN ORDINANCE

AUTHORIZING SIGNATURE OF A PERMANENT EASEMENT FOR A WATER LINE AND RELATED APPURTENANCES TO BANCROFT CLOVER WATER AND SANITATION DISTRICT ACROSS OUTLOT C, LAKEWOOD ESTATES FILING NO. 2 AT APPROXIMATELY WEST ADRIATIC PLACE AND SOUTH LAKE ROAD, LAKEWOOD, COLORADO

WHEREAS, Bancroft Clover Water and Sanitation District has an existing underground water line located within the Outlot C between West Adriatic Place and South Lake Road; and

WHEREAS, this water line was constructed prior to the City of Lakewood obtaining title to said Outlot C and Bancroft Clover Water and Sanitation District never obtained an easement for this facility; and

WHEREAS, the water line is in need of an upgrade and Bancroft Clover Water and Sanitation District has a project to upgrade said water line and would like to obtain a Permanent Easement described in Exhibit “A”, attached hereto and made a part hereof for this existing facility to allow an  upgrade to the facility; and

WHEREAS, Bancroft Clover Water and Sanitation District has requested the City of Lakewood convey to said District an easement for the water line and related appurtenances to allow the District to upgrade its water 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,  in form approved by the City Attorney, to Bancroft Clover Water and Sanitation District across the land described in Exhibit "A" for a 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 23rd  day of February 2009; published by title in the Rocky Mountain News and in full on the City of Lakewood's website, www.lakewood.org., on the 26th day of February 2009; set for public hearing on the 9th day of March 2009; read, finally passed and adopted by the City Council on the 9th day of March, 2009, and signed, and approved by the Mayor on the 10th day of March, 2009.

Bob Murphy, Mayor

ATTEST:
Margy Greer, City Clerk

APPROVED AS TO FORM:
Timothy Cox, City Attorney

Exhibit “A”

A parcel of land lying in the Northwest One-quarter (NW¼) of Section 25, 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;

The South 30.00 feet of Outlot “C”, LAKEWOOD ESTATES FILING NO. 2, the plat of which is recorded in Plat Book 75, at Page12, of the records of the Jefferson County Clerk and Recorder.  The above described parcel contains an area of 30 square feet, more or less.

The foregoing legal description was prepared by Ted Van Horn on February 11, 2009, City of Lakewood, Property Management Division, 480 South Allison Parkway, Civic Center South, Lakewood, Colorado 80226-3127.  This was based on the recorded plat of said LAKEWOOD ESTATES FILING NO. 2