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O-2009-23

AN ORDINANCE

AUTHORIZING THE EXECUTION OF A PURCHASE AND SALE AGREEMENT BETWEEN THE CITY AND COUNTY OF DENVER AND THE CITY OF LAKEWOOD TO CLEAR TITLE FOR THE RIGHT-OF-WAY FOR WEST ALAMEDA AVENUE BETWEEN SHERIDAN BOULEVARD WESTERLY THROUGH THE CITY OF LAKEWOOD TO THE SOUTHERLY EXTENDED WESTERLY RIGHT OF WAY LINE OF ROONEY ROAD ON THE WEST SIDE OF HIGHWAY C-470, AND THE CONVEYANCE OF THREE PARCELS OF LAND FOR PARK AND OPEN SPACE PURPOSES TO THE CITY OF LAKEWOOD, LAKEWOOD, COLORADO, FURTHER DECLARING AN EMERGENCY.

WHEREAS, the right-of-way for West Alameda Avenue through the City of Lakewood was initially acquired by the City and County of Denver for the purposes of having a public road from the Denver City limits to the Red Rocks Amphitheater; and

WHEREAS, the City and County of Denver also acquired three separate parcels that would have been used as road side parks along West Alameda Avenue between the Denver City limits and the Red Rocks Amphitheater; and

WHEREAS, City of Lakewood staff has had discussions with the City and County of Denver to convey title to said right-of-way and three parcels to the City of Lakewood so the City of Lakewood would have clear title to said right-of-way and said parcels; and

WHEREAS, City and County of Denver is willing to convey said right-of-way for public street purposes and the three parcels for park and open space purposes to the City of Lakewood which are the terms of the Purchase and Sale Agreement;

WHEREAS, the City of Lakewood is willing accept the terms of these conveyances.

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 a Purchase and Sale Agreement, in form approved by the City Attorney, for the conveyance of right-of-way for West Alameda Avenue for public street purposes described in Exhibit "A" and the conveyance of three parcels for park and open space purposes described in Exhibit “B” attached hereto and made a part hereof.

SECTION 3.  This ordinance shall take effect upon the Mayor’s signature.

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 8th day of June 2009; published by title in the Denver Post and in full on the City of Lakewood's website, www.lakewood.org., on the 11th day of June 2009; set for public hearing on the 22nd day of June 2009; read, finally passed and adopted by the City Council on the 22nd day of June, 2009, and signed, and approved by the Mayor on the 23rd day of June, 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 Sections 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 19, 20 and 30, Township 4 South, Range 69 West and Sections 23, 24 and 25 Township 4 South Range 70 West all in the Sixth Principal Meridian, City of Lakewood, County of Jefferson, State of Colorado, more particularly described as follows:

All of the West Alameda Avenue and West Alameda Parkway right-of-way conveyed to the City and County of Denver starting on the east at the East line of said Section 12 and 13, and ending on the West at the southerly extended West right-of-way line of Rooney Road lying West of C-470, TOGETHER WITH a parcel of land described as follows:

A parcel of land lying in the Northwest One-quarter (NW¼) of said Section 30, said parcel being a portion of that tract of land described in that deed convey to The City and County of Denver described in that instrument recorded in Book 379, at Page 160, of the records of the Jefferson County Clerk and Recorder, and also being identified in the Jefferson County Assessors records as Parcel ID # 49-302-00-002, said parcel being more particularly described as follows:

Commencing at the Northeast corner of said NW¼; thence S 89°40'35" W along the North line of said NW¼ (assumed bearing based on the plat of HUTCHINSONS GREEN MOUNTAIN VILLAGE FILING NO. 37, the plat of which is recorded in Plat Book 53, at Page 42, of said records), a distance of 1,343.20 feet, more or less, to the point of Commencement of the centerline description of West Alameda Avenue as described in that second tract of land described in said Book 384, at Page 279; thence S 55°55'26" W along said centerline, a distance of 377.46 feet, more or less, to the True Point of Beginning, said True Point of Beginning being in common with the True Point of Beginning of that tract described in said Book 379, at Page 160, and the intersection point of the northwesterly extended westerly line of Tract C, said HUTCHINSONS GREEN MOUNTAIN VILLAGE FILING NO. 37, with said centerline; thence S 34°04'34" E along the northeasterly line of that tract described in said Book 379, at Page 160, said last northeasterly line being in common with said northwesterly extended line, a distance of 100.00 feet, more or less, to the Northwest corner of said Tract C, said last Northwest corner lying on the southerly right-of-way line of West Alameda Avenue described in said Book 384, at Page 279; thence S 55°55'26" W along said southerly right-of-way line, a distance of 378.86 feet, more or less, to a deeded point of curve; thence southwesterly along said last right-of-way along the arc of a curve to the right having a radius of 1,246.28 feet, a central angle of 03º36’20” (whose long chord bears S 57º43’36” W, a long chord length of 78.41 feet) an arc distance 78.43 feet to a point on the westerly line of that tract described in said Book 379, at Page 160; thence
N 04°42'29" E along said last westerly line, a distance of 125.12 feet, more or less, to the most northwesterly corner of said last tract, said last most northwesterly corner also lying on the centerline and being in common with a point of curve on said centerline of that tract of land described in said Book 384, at Page 279; thence N 55°55'26" E alone said centerline said centerline being in common with the northerly line of that tract described in said Book 379, at Page 160, a distance of 378.86 feet, more or less, to the True Point of Beginning.  The above described parcel contains an area of 41,837 square feet, more or less.

The foregoing legal description was prepared by Ted Van Horn on June 27, 2008, City of Lakewood, Property Management Division, 480 South Allison Parkway, Lakewood, Colorado, 80226-3127.

Exhibit B

Three parcels of land lying in either Section 19 or Section 30, Township 4 South, Range 69 West of the Sixth Principal Meridian, City of Lakewood, County of Jefferson, State of Colorado, more particularly described as follows:

Parcel 1

A parcel of land lying in the Northeast One-quarter (NE¼) of said Section 19, said parcel being that third tract of land described in that deed convey to The City and County of Denver described in that instrument recorded in Book 378, at Page 165, of the records of the Jefferson County Clerk and Recorder, and also being identified in the Jefferson County Assessors records as Parcel ID # 49-191-00-008, said parcel being more particularly described as follows:

Commencing at the Northeast corner of said NE¼; thence S 00°20'09" E along the East line of said NE¼ (assumed bearing based on the plat of GREEN MOUNTAIN ACTIVITY CENTER, the plat of which is recorded in Plat Book 97, at Pages 10 and 11, of said records), a distance of 668.57 feet, more or less, to the point of Commencement of the centerline description of West Alameda Avenue as described in the first tract of land described in said Book 378, at Page 165; thence S 35°32'41" W along said centerline, a distance of 1,238.54 feet; thence leaving said centerline at a 90°00'00" angle to the left S 54°27'19" E , a distance of 100.00 feet, more or less, to the True Point of Beginning, said True Point of Beginning lying on the southerly right-of-way line of West Alameda Parkway and being in common with the true point of beginning of that third tract described in said Book 378, at Page 165, and a platted corner of Lot 2, Block 1, said GREEN MOUNTAIN ACTIVITY CENTER; thence continuing S 54°27'19" E along the northeasterly line of said tract 3, said northeasterly line being in common with the platted lot line of said Lot 2, a distance of 100.00 feet, more or less, to a deeded corner of said tract 3; thence S 35°32'41" W along the southeasterly line of said third tract, said southeasterly line being in common with a platted lot line of said Lot 2, and a platted line for Block 157, GREEN MOUNTAIN VILLAGE FILING NO. 28, the plat of which is recorded in Plat Book 39, at Page 47, of said records, a distance of 760.00 feet, more or less, to a deeded corner of said third tract, said last deeded corner being in common with a platted corner of Lot 1, said Block 157, and lying on the northerly right-of-way line of West Florida Drive as shown and platted on said GREEN MOUNTAIN VILLAGE FILING NO. 28; thence N 54°27'19" W along the southerly line of said third tract, said southerly line being in common with the said last northerly right-of-way line, a distance of 100.00 feet, more or less, to the northwesterly corner of said third tract, said northwesterly corner lying on the southerly right-of-way line of West Alameda Parkway; thence N 35°32'41" E along the northerly line of said third tract, said northerly line being in common with the said last southerly right-of-way line, a distance of 760.00 feet, more or less, to the True Point of Beginning.  The above described parcel contains an area of 76,000 square feet or 1.74 acres, more or less.

Exhibit B

Parcel 2

A parcel of land lying in the Southeast One-quarter (SE¼) of said Section 19, said parcel being that second tract of land described in that deed convey to The City and County of Denver described in that instrument recorded in Book 378, at Page 165, of the records of the Jefferson County Clerk and Recorder, said parcel being more particularly described as follows:

Commencing at the Northeast corner of said NE¼; thence S 00°20'09" E along the East line of said NE¼ (assumed bearing based on the plat of GREEN MOUNTAIN ACTIVITY CENTER, the plat of which is recorded in Plat Book 97, at Pages 10 and 11, of said records), a distance of 668.57 feet, more or less, to the point of Commencement of the centerline description of West Alameda Avenue as described in the first tract of land described in said Book 378, at Page 165; thence S 35°32'41" W along said centerline, a distance of 3,590.36 feet, more or less, to the intersection of the northwesterly extended southerly right-of-way line of West Utah Avenue as shown and platted on the plat of GREEN MOUNTAIN VILLAGE FILING NO. 26, the plat of which is recorded in Plat Book 37, at Page 49 of said records, with said centerline; thence leaving said centerline S 39°51'19" E along said northwesterly extended right-of-way line, a distance of 109.97 feet, more or less, to the True Point of Beginning, said True Point of Beginning lying on the southerly right-of-way line of West Alameda Parkway and being in common with the true point of beginning of that second tract described in said Book 378, at Page 165, and a platted corner of said GREEN MOUNTAIN VILLAGE FILING NO. 26; thence continuing S 39°51'19" E along the northeasterly line of said second tract, said northeasterly line being in common with said southerly right-of-way line, a distance of 290.53 feet, more or less, to a deeded corner of said second tract, said last deeded corner being in common with the most northerly platted corner of Block A, CHRIST ON THE MOUNTAIN PARISH CENTER, the plat of which is recorded in Plat Book 55, at Page 57, of said records; thence S 50°08'41" W along the southeasterly line of said second tract, said southeasterly line being in common with a platted lot line of said Tract A, a distance of 121.45 feet, more or less, to a deeded corner of said second tract, said last deeded corner being in common with a platted corner of said Tract A; thence N 86°57'19" W and continuing along the southerly line of said second tract, said southerly line being in common with the platted lot line of said Tract A, and the northerly line of GREEN MOUNTAIN VILLAGE FILING NO 39 FOX POINT, the plat of which is recorded in Plat Book 86, at Pages 12 through 14, of said records, a distance of 312.29 feet, more or less, to the southwesterly corner of said second tract, said southwesterly corner lying on the southerly right-of-way line of West Alameda Parkway and being in common with a platted corner of said GREEN MOUNTAIN VILLAGE FILING NO. 39 FOX POINT; thence northeasterly along the northerly line of said second tract, said northerly line being in common with the said last southerly right-of-way line to the True Point of Beginning.  The above described parcel contains an area of 221,138 square feet or 5.08 acres, more or less.

Parcel 3

A parcel of land lying in the Northwest One-quarter (NW¼) of said Section 30, said parcel being that tract of land described in that deed convey to The City and County of Denver described in that instrument recorded in Book 379, at Page 160, of the records of the Jefferson County Clerk and Recorder, and also being identified in the Jefferson County Assessors records as Parcel ID # 49-302-00-002, said parcel being more particularly described as follows:

Commencing at the Northeast corner of said NW¼; thence S 89°40'35" W along the North line of said NW¼ (assumed bearing based on the plat of HUTCHINSONS GREEN MOUNTAIN VILLAGE FILING NO. 37, the plat of which is recorded in Plat Book 53, at Page 42, of said records), a distance of 1,343.20 feet, more or less, to the point of Commencement of the centerline description of West Alameda Avenue as described in that second tract of land described in said Book 384, at Page 279; thence S 55°55'26" W along said centerline, a distance of 377.46 feet, more or less, to the True Point of Beginning of that tract described in said Book 379, at Page 160, and the intersection point of the northwesterly extended westerly line of Tract C, said HUTCHINSONS GREEN MOUNTAIN VILLAGE FILING NO. 37, with said centerline; thence S 34°04'34" E along the northeasterly line of that tract described in said Book 379, at Page 160, said last northeasterly line being in common with said northwesterly extended line, a distance of 100.00 feet, more or less, to the Northwest corner of said Tract C, said last Northwest corner being the True Point of Beginning and lying on the southerly right-of-way line of West Alameda Avenue described in said Book 384, at Page 279; thence continuing S 34°04'34" E along the northeasterly line of that tract described in said Book 379, at Page 160, said last northeasterly line being in common with the westerly line of said Tract C, a distance of 350.00 feet, more or less, to a southeasterly corner of that tract described in said Book 379, at Page 160, said last southeasterly corner being in common with the Southwest corner of said Tract C, and a platted corner of Lot 1, Block 276, HUTCHINSONS GREEN MOUNTAIN VILLAGE FILING NO. 54, the plat of which is recorded in Plat Book 108, at Pages 59 through 61, of said records; thence southwesterly and northeasterly along the southerly and westerly line of that tract described in said Book 379, at Page 160, said last southerly line and westerly line being in common with the northerly line and the easterly line of said Lot 1, the following three courses:

1. S 55°55'25" W, a distance of 375.00 feet;
2. thence N 83°39'34" W, a distance of 285.00 feet;
3. thence N 04°42'29" E, a distance of 215.12 feet, more or less, to a point on a curve on said southerly right-of-way line;

thence northeasterly along said last right-of-way along the arc of a non-tangent curve to the left having a radius of 1,246.28 feet, a central angle of 03º36’20” (whose long chord bears N 57º43’36” E, a long chord length of 78.41 feet) an arc distance 78.43 feet to a point of tangency; thence continuing along said right-of-way along said tangent
N 55°55'26" E, a distance of 378.86 feet, more or less, to the True Point of Beginning.  The above described parcel contains an area of 176,246 square feet or 4.05 acres, more or less.

The foregoing legal descriptions were prepared by Ted Van Horn on August 4, 2005, City of Lakewood, Property Management Division, 480 South Allison Parkway, Lakewood, Colorado, 80226-3127. These were based on the various deeds and plats mention in the legal descriptions.

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