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2004-41

A RESOLUTION

AUTHORIZING A REVOCABLE LICENSE AGREEMENT BETWEEN THE CITY OF LAKEWOOD AND THE PLAZA METROPOLITAN DISTRICT NO. 1 FOR THE CONSTRUCTION OF LANDSCAPE FEATURES AND SIGNS IN THE WEST ALAMEDA AVENUE RIGHT OF WAY

WHEREAS, Plaza Metropolitan District No. 1 has requested a Revocable License Agreement from the City of Lakewood to allow installation and maintenance of landscape features such as walls, planters, signs and similar features in the right of way for West Alameda Avenue adjacent to the Belmar Development area; 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 landscape features such as walls, planters, signs and similar features 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 the Plaza Metropolitan District No. 1 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 landscape features such as walls, planters, signs and similar features will be constructed and 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 11 for and 0 against at a regular meeting of the City Council on April 12, 2004, at 7 o'clock p.m. at Lakewood Civic Center South, 480 South Allison Parkway, Lakewood, Colorado.

Stephen A. Burkholder, Mayor

ATTEST:
Margy Greer, City Clerk

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EXHIBIT A

Four parcels of land lying within the West Alameda Avenue right-of-way adjacent to Blocks 1, 2, 3 and 4 of Villa Italia Shopping Center Filing No. 2, which is recorded in Plat Book 169 at pages 49-51 of the records of the Jefferson County Clerk and Recorder, and further being a part of the South 50 feet of the North 150 feet of the Northeast One-quarter of Section 14, Township 4 South, Range 69 West of the 6th Principal Meridian, City of Lakewood, County of Jefferson, State of Colorado, being more particularly described as follows:

Parcel One

Commencing at the Northwest corner of Block 2, said point being along the South right of way line of West Alameda Avenue, thence North and perpendicular to said South right of way line, a distance of 15.00 feet; thence East and parallel with said South line a distance of 749.46 feet; thence South and perpendicular to said South right of way line a distance of 15.00 feet to the Northeast corner of said Lot 2; thence west along said South right of way line a distance of 749.46 feet to the point of beginning.

Parcel Two

Commencing at the Northwest corner of Block 3, said point being along the South right of way line of West Alameda Avenue, thence North and perpendicular to said South right of way line, a distance of 15.00 feet; thence East and parallel with said South line a distance of 422.11 feet; thence South and perpendicular to said South right of way line a distance of 15.00 feet to the Northeast corner of said Lot 2; thence west along said South right of way line a distance of 422.11 feet to the point of beginning.

Parcel Three

Commencing at the Northwest corner of Block 3, said point being along the South right of way line of West Alameda Avenue, thence North and perpendicular to said South right of way line, a distance of 15.00 feet; thence East and parallel with said South line a distance of 630.59 feet; thence South and perpendicular to said South right of way line a distance of 15.00 feet to the Northeast corner of said Lot 2; thence west along said South right of way line a distance of 630.59 feet to the point of beginning.

The foregoing legal description was prepared by Michael J. Connor, Property and Purchasing Services Manager for the City of Lakewood based upon said Villa Italia Shopping Center Filing No. 2