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2004-56

A RESOLUTION

AUTHORIZING A REVOCABLE LICENSE AGREEMENT BETWEEN THE CITY OF LAKEWOOD AND BELMAR I, LLC FOR THE CONSTRUCTION OF AN ELECTRICAL GENERATOR AND OTHER ELECTRICAL CONTROL EQUIPMENT IN THE WEST ALAMEDA AVENUE RIGHT OF WAY

WHEREAS, Belmar I, LLC, has requested a Revocable License Agreement from the City of Lakewood to allow installation and maintenance of an electrical generator and other electrical control equipment in the right-of-way for West Alameda Avenue adjacent to 325 South Teller Street; 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 an electrical generator and other electrical control equipment 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 Belmar I, 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" attached hereto.

SECTION 2. The electrical generator and other electrical control equipment will be constructed and maintained by the owners. The license agreement will provide for an annual fee which will cover the cost of necessary inspections by the City.

INTRODUCED, READ AND ADOPTED by the vote of 11 for and 0 against at a regular meeting of the City Council on May 24, 2004, at 7 o'clock p.m., at the 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 located in 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:

Commencing at the Northeast corner of Lot 2, Block 2, VILLA ITALIA SHOPPING CENTER SUBDIVISION FILING NO. 5, as recorded in Plat Book 171, at Pages 51 and 52, said corner also being the Southwest corner of the intersection of West Alameda Avenue and South Teller Street; thence S89°42'42"W along the South right of way line of West Alameda Drive a distance of 139.82 feet to a point on the south right-of-way line of West Alameda Avenue, said point being the point of BEGINNING; thence continuing along said South right-of-way line a distance of 26.60 feet; thence, North and perpendicular to said South right-of-way line a distance of 14.00 feet; thence N89°42'42"E and parallel to said South right-of-way line a distance of 26.60 feet; thence South and perpendicular to said South right-of-way line a distance of 14.00 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 Filing No. 5.