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2002-71

A RESOLUTION

AUTHORIZING REVOCABLE LICENSE AGREEMENTS BETWEEN THE CITY OF LAKEWOOD AND JOHN F. ABOTE AND SHANNON L. ABOTE FOR EXISTING IMPROVEMENTS ON PUBLIC PROPERTY AND RIGHT OF WAY ADJACENT TO 1445 LAMAR STREET

WHEREAS, John and Shannon Abote purchased the property located at 1445 Lamar Street in September of 1998 and subsequently have discovered a number of private improvements on public property; and

WHEREAS, the existing building, which was constructed in 1948, encroaches up to 1 foot into the Lamar Street right of way; and,

WHEREAS, parking spaces and landscaping planters that are located between the building and the existing sidewalk are within the Lamar Street right of way; and

WHEREAS, a private fence, a portion of the existing driveway and the trash receptacle are located within the City-owned detention pond property located to the south of 1445 Lamar Street; and,

WHEREAS, the property owners have requested that the City of Lakewood grant Revocable License Agreements to allow installation these improvements to remain; and

WHEREAS, the City wishes to allow said use of the portion of said street right-of-way and public property as described in Exhibits A, B and C, attached hereto and made a part hereof, for the continued use of these improvements in accordance with the terms and conditions of a Revocable License Agreement issued by the City.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lakewood, Colorado, that:

SECTION 1. The City Manager is hereby authorized to execute, and the City Clerk to attest, a Revocable License Agreement between the City of Lakewood and John F. and Shannon L. Abote in form approved by the City Attorney, for the existing building described above, which is located within the City-owned Lamar Street right-of-way described in Exhibit "A" hereto.

SECTION 2. The City Manager is hereby authorized to execute, and the City Clerk to attest, a Revocable License Agreement between the City of Lakewood and John F. and Shannon L. Abote in form approved by the City Attorney, for the existing parking and landscape improvements described above, which is located within the City-owned Lamar Street right-of-way described in Exhibit "B" hereto.

SECTION 3. The City Manager is hereby authorized to execute, and the City Clerk to attest, a Revocable License Agreement between the City of Lakewood and John F. and Shannon L. Abote in form approved by the City Attorney, for the existing fence, driveway and trash receptacle described above, which is located within the City-owned Lamar Street right-of-way described in Exhibit "C" hereto.

SECTION 4. The improvements will be maintained by the owners. A provision has been made to make the license agreement subject to an annual fee once established by the City. The fee would cover necessary inspections by the City to assure that it is maintained in good condition and for administrative costs.

INTRODUCED, READ, AND ADOPTED by a vote of 10 for and 0 against at a regular meeting of the City Council on October 14, 2002, at 7 o'clock p.m. at Lakewood Civic Center, 480 South Allison Parkway, Lakewood, Colorado.

Stephen A. Burkholder, Mayor

ATTEST:
Margy Greer, City Clerk

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EXHIBIT A

Building Encroachment

A parcel of land lying in the Northwest One-Quarter (NW¼) of Section 1, 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:

The West 1.50 feet of the Lamar Street right-of-way as shown and dedicated on the plat of LAKEWOOD, the plat of which is recorded in Plat Book 2, Pages 14 and 15, of the records of Jefferson County Clerk and Recorder, lying adjacent to the South 22.09 feet of Lot 7, Block 17, said LAKEWOOD, and the North 13.70 feet of Lot 8, said Block 17.

The foregoing legal description was prepared by Spencer Curtis based upon a land survey plat prepared by BJI Surveying, Inc. dated June, 2002 and the Plat of Lakewood recorded in Plat Book 2 at Page 14.

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EXHIBIT B

Parking and Planter Box

A parcel of land lying in the Northwest One-Quarter (NW¼) of Section 1, 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:

The East 23.50 feet of West 25.00 feet of the Lamar Street right-of-way as shown and dedicated on the plat of LAKEWOOD, the plat of which is recorded in Plat Book 2, Pages 14 and 15, of the records of Jefferson County Clerk and Recorder, lying adjacent to Lot 7, Block 17, said LAKEWOOD, and the North 13.70 feet of Lot 8, said Block 17.

The foregoing legal description was prepared by Spencer Curtis based upon a land survey plat prepared by BJI Surveying, Inc. dated June, 2002 and the Plat of Lakewood recorded in Plat Book 2 at Page 14.

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EXHIBIT C

Fence, Driveway and Trash Receptacle

A parcel of land lying in the Northwest One-Quarter (NW¼) of Section 1, 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:

Beginning at the Northeast corner Lot 9, Block 17, LAKEWOOD, the plat of which is recorded in Plat Book 2, Pages 14 and 15, of the records of Jefferson County Clerk and Recorder, said corner being in common with the Southeast corner of Lot 8, said Block 17; thence S 00°00¢00² E along the East line of said Lot 9, said East line being in common with the West right-of-way of Lamar Street (assumed bearing all other bearings hereafter related thereto), a distance of 3.88 feet; thence S 88°52¢44² W, a distance of 51.00 feet; thence N85°35¢23² W, a distance of 61.35 feet, more or less, to the North line of said Lot 9; thence N 89°55¢09² E along said last North line, a distance of 112.15 feet, more of less, to the True Point of Beginning, TOGETHER WITH the West 3.00 feet of the Lamar Street right-of-way lying adjacent to the North 3.88 feet of said Lot 9, said Block 17.

The foregoing legal description was prepared by Spencer Curtis based upon a land survey plat prepared by BJI Surveying, Inc. dated June, 2002 and the Plat of Lakewood recorded in Plat Book 2 at Page 14.