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2003-81

A RESOLUTION

AUTHORIZING A REVOCABLE LICENSE AGREEMENT BETWEEN THE CITY OF LAKEWOOD AND APPLEWOOD SUMMIT FOR THE CONSTRUCTION OF A RETAINING WALL AND AN IRRIGATION CONDUIT IN THE URBAN STREET RIGHT OF WAY

WHEREAS, Applewood Summit, LLC has requested a Revocable License Agreement from the City of Lakewood to allow installation and maintenance of a 2-foot tall retaining wall and an irrigation conduit in the right of way for Urban Street adjacent to 12001 W. Colfax Avenue (Lot 16, Applewood Summit, proposed subdivision); and

WHEREAS, the City wishes to allow said use of the portion of said street right-of-way as described in Exhibit "A" attached hereto and made a part hereof, for installation, maintenance of a 2-foot tall retaining wall and irrigation conduit 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 Applewood Summit, LLC., in form approved by the City Attorney, for the use described above of the City-owned street right-of-way described in Exhibit "A" hereto.

SECTION 2. The retaining wall and irrigation conduit will be constructed and maintained by the owners of Lot 16, Applewood Summit subdivision upon recordation of the final plat. 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.

SECTION3. This Resolution shall be in full force and effect upon its passage and approval.

INTRODUCED, READ AND ADOPTED by a vote of 9 for and 0 against at a regular meeting of the City Council on October 13, 2003, 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

A parcel of land lying in the Southeast One-Quarter (SE ¼) of Section 32, Township 3 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 7.5 feet of the East 25 feet of the South one acre of the West One-Half (W ½) of the East One-Half (E ½) of the East One-Half (E ½) of the Southwest One-Quarter (SW ¼) of said Southeast One-Quarter SE ¼, EXCEPT the South 70 feet thereof, as described in Book 359, at Page 431 of the Jefferson County records.

Together with a 10 foot wide parcel across Urban Street from Lot 16, Applewood Summit to the above described parcel to be located within the north one-half of said Lot 16.

The foregoing legal description was prepared by Michael J. Connor, Property and Purchasing Services Manager for the City of Lakewood based upon that instrument recorded in Book 2914, at Page 872 of the Jefferson County records.