Ordinance O-2009-16

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Ordinance O-2009-16

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O-2009-16

AN ORDINANCE

AUTHORIZING A PERMANENT EASEMENT TO THE BEAR CREEK WATER AND SANITATION DISTRICT FOR THE REPLACEMENT OF AN EXISTING WATER LINE AND RELATED FACILITIES AND A PERMANENT EASEMENT FOR ACCESS PURPOSES TO ACCESS SAID WATER LINE ACROSS BEAR CREEK GREEN BELT, ADJACENT TO THE BRIDGE ON SOUTH ESTES STREET AS IT CROSSES BEAR CREEK AT 2800 SOUTH ESTES STREET, LAKEWOOD, COLORADO

WHEREAS, the Bear Creek Water and Sanitation District has an existing water line located within the Bear Creek Green Belt adjacent to the bridge on South Estes Street as it crosses Bear Creek; and

WHEREAS, this water line was constructed prior to the incorporation of the City of Lakewood and the Bear Creek Water and Sanitation District never obtained an easement for this facility; and

WHEREAS, the water line is in need of repair and the Bear Creek Water and Sanitation District has a project to replace said water line and would like to obtain permanent easements to allow it to replace and access the facility; and

WHEREAS, the Bear Creek Water and Sanitation District has requested the City of Lakewood convey to said District a Permanent Easement described in Exhibit “A”, attached hereto and made a part hereof for the existing facility and a Permanent Easement for access purposes described in Exhibit “B” attached hereto and made a part hereof, 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 water line and an easement for access purposes to repair said water line, in form approved by the City Attorney, to Bear Creek Water and Sanitation District across the land described in Exhibit "A" for a water line and related appurtenances and an easement for access purposes 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 23rd day of March 2009; published by title in the Denver Post and in full on the City of Lakewood's website, www.lakewood.org., on the 26th day of March 2009; set for public hearing on the 13th day of April 2009; read, finally passed and adopted by the City Council on the 13th day of April, 2009, and signed, and approved by the Mayor on the 14th day of April, 2009.

Bob Murphy, Mayor

ATTEST:
Margy Greer, City Clerk

APPROVED AS TO FORM:
Timothy P. Cox, City Attorney

Exhibit “A”

A parcel of land lying in the Northeast One-quarter (NE¼) of Section 34, Township 4 South, Rang 69 West of the Sixth Principal Meridian, City of Lakewood, County of Jefferson, State of Colorado, more particularly described as follows:

Commencing at the Southeast corner of said NE¼; thence N 48°06’45” W (assuming the East line of said NE¼ bears N 00°22’25” W between said SE corner being a 3¼’ aluminum cap, LS # 26606 and the Northeast corner of said NE¼ being a 3¼” aluminum cap, LS # 19591 all other bearings hereafter related thereto), a distance of 1,685.11 feet, more or less, to a point on the West line of Tract A, CONCEPT 80 WEST, the plat of which is recorded in Plat Book 52, at Page 24, of the records of the Jefferson County Clerk and Recorder, said point being the True Point of Beginning; thence N 01°14’11”E along the West line of said Tract A, said West line being in common with the easterly right-of-way line of South Estes Street as described in that instrument recorded in Book 2696, at Page 647, of said records, a distance of 18.66 feet, more or less, to the Northwest corner of said Tract A; thence leaving said West line N 89°38’57” E along the North line of said Tract A, distance of 19.04 feet; thence leaving said North line S 45°59’40” W, a distance of 27.03 feet to the True Point of Beginning. The above described parcel contains an area of 178 square feet, more or less.

The foregoing legal description was prepared by Ted Van Horn on March 6, 2009, 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 DuWayne M. Phillips, LS # 9329, Registered Land Surveyor with Merrick & Company, 2450 South Peoria Street, Aurora, Colorado, 80014, Phone # (303) 751-0741, Project # 0301842920.

Exhibit “B”

Commencing at the Southeast corner of said NE¼; thence N 53°33’05” W (assuming the East line of said NE¼ bears N 00°22’25” W between said SE corner being a 3¼’ aluminum cap, LS # 26606 and the Northeast corner of said NE¼ being a 3¼” aluminum cap, LS # 19591 all other bearings hereafter related thereto), a distance of 1,564.80 feet, more or less, to a point on the West line of Tract A, CONCEPT 80 WEST, the plat of which is recorded in Plat Book 52, at Page 24, of the records of the Jefferson County Clerk and Recorder, said point being the True Point of Beginning; thence N 01°14’11”E along the West line of said Tract A, said West line being in common with the easterly right-of-way line of South Estes Street as described in that instrument recorded in Book 2696, at Page 647, of said records, a distance of 20.08 feet to a non-tangent curve; thence leaving said right-of-way line northeasterly along the arc of said non-tangent curve, said curve being to the left and having a radius of 25.00 feet, a central angle of 79°45’40” (whose long chord bears N 44°31’23” E, a long chord length 32.06 feet) an arc distance of 34.80 feet to a point of tangency; thence N 04°38’33” E along said tangent, distance of 151.89 feet; thence S 89°38’57” W, a distance of 31.02 feet, more or less, to the West line of said Tract A; thence N 01°14’11” E along said West line, a distance of 1.31 feet; thence leaving said West line N 45°59’40” E, distance of 27.03 feet, more or less, to the North line of said Tract A; thence N 89°38’57” E along said North line, a distance of 43.46 feet; thence leaving said North line S 00°21’03” E, a distance of 37.02 feet; thence S 69°00’53” W, a distance of 7.13 feet to a point of curve; thence southwesterly along the arc of a curve to the left having a radius of 24.42 feet, a central angle of 44°06’19” (whose long chord bears S 26°59’09” W, a long chord length 18.34 feet) an arc distance of 18.80 feet to a point of tangency; thence S 04°38’33” W along said tangent, distance of 117.64 feet to a point of curve; thence southwesterly along the arc of a curve to the right having a radius of 45.00 feet, a central angle of 82°48’15” (whose long chord bears S 46°02’40” W, a long chord length 59.52 feet) an arc distance of 65.03 feet, more or less, to the True Point of Beginning. The above described parcel contains an area of 5,407 square feet, more or less.


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