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O-2009-25

AN ORDINANCE

AUTHORIZING A PERMANENT EASEMENT TO THE WEST METRO FIRE PROTECTION DISTRICT FOR A PRIVATE UNDERGROUND STORM WATER FACILITY AND RELATED APPURTENANCES ACROSS JEWELL PARK AT 1850 SOUTH GARRISON, LAKEWOOD, COLORADO

WHEREAS, West Metro Fire Protection District is in the process of replacing the existing fire station located at 9001 West Jewell Avenue; and

WHEREAS, as a result of the replacement of this facility, the District needs to construct an underground storm sewer pipe that will connect to the Sanderson Gulch Storm Drainage facility, located in Jewell Park; and

WHEREAS, West Metro Fire Protection 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, to construct and maintain an underground  storm drainage facility across land owned by the City; and

WHEREAS, Section 14.3 of the Charter of the City of Lakewood provides that easements may be granted across City property held for park purposes, and the City is willing to grant the easement.

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 Permanent Easement for a storm drainage pipe, in form approved by the City Attorney, to West Metro Fire Protection District across the land described in Exhibit "A".

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 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 within Parcel III of the THRELKELD SUBDIVISION the plat of which is recorded in Plat Book 35, at Page 4, at Reception Number 71447874, of the records of the Jefferson County Clerk and Recorder, further lying in the Southwest One-quarter (SW¼) of the Southeast One-quarter (SE¼) of Section 22, Township 4 South, Range 69 West of the 6th Principal Meridian, City of Lakewood, County of Jefferson, State of Colorado, described as follows:

Commencing at the Southwest corner of said SE¼, thence N 88°59'15 E along the southerly line of said SE¼ (assuming said southerly line bears S 88°59'15" W monumented by a found 2-1/4" brass cap, ls illegible at the South quarter corner of said Section 22 and a found 2-1/2" aluminum cap marked "City of Lakewood, ls #14158), a distance of 330.00 feet; thence departing said southerly line, N 01°00'45" W, a distance of 40.00 feet, more or less, to the northerly right-of-way line of West Jewell Avenue as recorded in Book 2116, at Page 150, of said records; thence departing said right-of-way line N 01°00'45" W, a distance of 260.00 feet to a point on the southerly line of said Parcel III; thence N 88°59'16" E along said last southerly line, a distance of 181.09 feet to the True Point of Beginning; thence leaving said last southerly line N 13°47'38" E, a distance of 83.51 feet; thence S 76°12'22" E, a distance of 10.00 feet; thence S 13°47'38" W, a distance of 80.87 feet, more or less, to said last southerly line; thence along said last southerly line S 88°59'16" W, a distance of 10.34 feet to the True Point of Beginning.

The foregoing legal description was prepared by Ted Van Horn on May 1, 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 Melyssa C. Whaley, EIT and reviewed by Richard Nobbe, PLS # 23899, Registered Land Surveyor with Martin/Martin, Inc, 12499 West Colfax Avenue, Lakewood, CO, 80215, Phone # 303-431-6100, Project No. 15337.C.11.

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