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2005-4

A RESOLUTION

AUTHORIZING A REVOCABLE LICENSE AGREEMENT BETWEEN THE CITY OF LAKEWOOD AND SABRINA AND STEVEN WINDER FOR THE CONSTRUCTION OF PRIVATE DRAINAGE IMPROVEMENTS IN THE EATON STREET RIGHT OF WAY

WHEREAS, Sabrina and Steven Winder have requested a Revocable License Agreement from the City of Lakewood to allow installation and maintenance of drainage improvements in the right of way for Eaton Street adjacent to 1805 Eaton 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 and maintenance of 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. The City Manager is hereby authorized to execute, and the City Clerk to attest, a Revocable License Agreement between the City of Lakewood and Sabrina and Steven Winder 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 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 8 for and 0 against at a regular meeting of the City Council on February 14, 2005, at 7 o'clock p.m. at the Lakewood Civic Center, 480 South Allison Parkway, Lakewood, Colorado.

Debbie Koop, Mayor Pro Tem

ATTEST:
Margy Greer, City Clerk

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EXHIBIT A

Legal Description

A parcel of land located in the Southeast One-quarter of Section 36, Township, 3 South, Range 69 West of the 6th Principal Meridian, City of Lakewood, County of Jefferson, State of Colorado, being more particularly described as follows:

Beginning at the southeast corner of Lot 25, Block 6, Edgewater Annex as recorded in Plat Book 2 at Page 57 of the Jefferson County records; thence, north along the East line of said Lot 20, said line also being the West right of way line of Eaton Street (originally platted as Jackson Street) a distance of 25 feet, more or less to the northeast corner of said lot 20 thence East along the extended North line of said Lot 20 a distance of 15 feet; thence south and parallel with said West right of way line, a distance of 25 feet more or less to a point on the South line, extended of said lot 20; thence west along said extended South line a distance of 15 feet to the Poiint of Beginning.

The foregoing legal description was prepared by Michael J. Connor, Property and Purchasing Services Manager on January 7, 2005 based upon said Edgewater Annex plat.