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2005-22

A RESOLUTION

AUTHORIZING A REVOCABLE LICENSE AGREEMENT BETWEEN THE CITY OF LAKEWOOD AND SAFEWAY STORES 45, INC.

WHEREAS, SAFEWAY STORES 45, INC. has requested a Revocable License Agreement from the City of Lakewood to allow installation and maintenance of a canopy encroachment in a drainage easement; and

WHEREAS, the City wishes to allow said use of the portion of said drainage easement as described in Exhibit "A" attached hereto and made a part hereof, for installation, maintenance of a canopy 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 SAFEWAY STORES 45, INC. in form approved by the City Attorney, for the use described above of the City-owned drainage easement described in Exhibit "A" hereto.

SECTION 2. The canopy 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 vote of 11 for and 0 against at a regular meeting of the City Council on March 28, 2005, at 7:00 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 PART OF LOTS 5 AND 6, M. D. AND J SUBDIVISION, CITY OF LAKEWOOD, COUNTY OF JEFFERSON, STATE OF COLORADO, BEING A PART OF THE NORTHEAST ONE-QUARTER OF SECTION 3, TOWNSHIP 4 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTHWEST CORNER OF LOT 6, M. D. AND J. SUBDIVISION AS RECORDED ON AUGUST 4, 1977 UNDER RECEPTION NUMBER 904253 IN THE OFFICE OF THE JEFFERSON COUNTY CLERK AND RECORDER; THENCE S 00° 19' 30" W, ALONG THE WESTERLY LINE OF SAID LOT 6, A DISTANCE OF 40.00 FEET TO A POINT ON THE SOUTHERLY LINE OF A 40.00 FOOT WIDE DRAINAGE EASEMENT AS RECORDED ON OCTOBER 18, 1979 UNDER RECEPTION NUMBER 79095487 IN THE OFFICE OF THE JEFFERSON COUNTY CLERK AND RECORDER; THENCE N 89° 45' 06" E, ALONG SAID SOUTHERLY LINE, A DISTANCE OF 38.46 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING N 89° 45' 06" E, ALONG SAID SOUTHERLY LINE, A DISTANCE OF 41.62 FEET; THENCE N 00° 19' 30" E A DISTANCE OF 23.61 FEET; THENCE S 60° 19' 30" W A DISTANCE OF 48.06 FEET TO THE TRUE POINT OF BEGINNING.

THE ABOVE DESCRIBED PARCEL CONTAINS 491 SQUARE FEET (0.011 ACRES) MORE OR LESS.

BASIS OF BEARINGS: THE WEST LINE OF LOT 6, M. D. AND J. SUBDIVISION AS BEARING S 00° 19' 30" W WITH THE NORTHWEST CORNER SAID LOT 6 BEING A PIN WITH CAP MARKED "L. S. NO. 7361" AND A POINT ON SAID WEST LINE, 218.00 FEET SOUTH OF SAID NORTHWEST CORNER BEING A PIN WITH CAP MARKED "L. S. NO. 7361".