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2004-76

A RESOLUTION

AUTHORIZING A REVOCABLE LICENSE AGREEMENT BETWEEN THE CITY OF LAKEWOOD AND MARGARET B. COZZENS, JAMES AND LAURIE VAN SICKLE FOR THE CONSTRUCTION OF A DRAINAGE CULVERT AND OTHER DRAINAGE IMPROVEMENTS IN THE WEST BEAR CREEK DRIVE RIGHT OF WAY

WHEREAS, Margaret B Cozzens together with James and Laurie Van Sickle have requested a Revocable License Agreement from the City of Lakewood to allow installation and maintenance of landscaping, a drainage culvert and other drainage improvements in the right of way for West Bear Creek Drive adjacent to 6930 West Bennett Place and 6950 Bear Creek Drive; 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 landscaping, a drainage culvert and other drainage 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. This License Agreement is conditional upon the licensee obtaining written approval of the Bennett Bear Creek Farms Water and Sanitation District for the culvert outlet to be located on or near their property on the north side of Bear Creek Drive.

SECTION 2. Upon the completion of 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 Margaret B. Cozzens 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 3. The landscaping, drainage culvert and other drainage improvements 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 9 for and 0 against at a regular meeting of the City Council on July 26, 2004, at 7 o'clock p.m. at Lakewood City Hall, 480 South Allison Parkway, Lakewood, Colorado.

Barbara Martin, Mayor Pro Tem

ATTEST:
Margy Greer, City Clerk

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EXHIBIT A

A parcel of land, being a part of THE BENNETT BEAR CREEK FARM SUBDIVISION, located in the Southeast One quarter of Section 35, Township 4 South, Range 69 West of the 6th Principal Meridian, being more particularly described as follows:

BEGINNING at the Northwest corner of Lot 11, Block 3 of said plat as recorded in Plat Book 20 at Page 59, said corner also being the Northeast corner of Lot 10, Block 3 and a point on the South right of way line of Bear Creek Drive; thence northeast along the north property line of Lot 11 a distance of 125 feet; thence Northeast and perpendicular to said North line a distance of 50 feet to the north right of way line of Bear Creek Drive, thence Southwest along the North right of way line, a distance of 15 feet; thence Southeast and perpendicular to said North property line a distance of 35 feet; thence Southwest and parallel to said North property line a distance of 220 feet; thence Southeast and perpendicular to said North property line a distance of 15 feet to a point on the North property line of said Lot 10; thence Northeast along said North property line of said lot 10 a distance of 110 feet, more or less 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 the plat of THE BENNETT BEAR CREEK FARM SUBDIVISION on July 19, 2004.