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RESOLUTION NO. 48 <br /> SERIES 2010 <br /> A RESOLUTION APPROVING A JOINT USE AGREEMENT BETWEEN THE CITY <br /> OF LOUISVILLE AND THE COUNTY OF BOULDER CONCERNING THE <br /> COWDREY DRAW /MAYHOFFER TRAIL BRIDGE <br /> WHEREAS, the County owns certain real property known as the Bush Rodney Dean <br /> Open Space (the "Property and <br /> WHEREAS, pursuant to an Agreement and Grant of Easement (the "Easement the <br /> County's predecessor in interest dedicated to the City a right -of -way and permanent easement for <br /> water and other subsurface utility lines over, above the surface, under and across a portion of the <br /> Property; and <br /> WHEREAS, as successor to the grantor of the Easement, the County retains the use of <br /> the Property insofar as its use does not interfere with the rights described in the Easement, but <br /> subject to the further provision that it "shall not be allowed to erect permanent building <br /> structures upon the described easement;" and <br /> WHEREAS, the County desires to construct the Cowdrey Draw/Mayhoffer Trail Bridge <br /> on the Property, a portion of which is proposed to be located within a portion of the Easement <br /> (the "Premises and <br /> WHEREAS, the County has requested permission from the City to jointly use the <br /> Premises for the location of the bridge; and <br /> WHEREAS, notwithstanding the Easement's prohibition against erecting permanent <br /> building structures upon the Easement, the City is willing to grant permission to the County to <br /> jointly use the Premises; <br /> NOW, THEREFORE, BE TT RESOLVED BY THE CITY COUNCIL OF THE CITY <br /> OF LOUISVILLE, COLORADO: <br /> 1. The proposed Joint Use Agreement concerning the Cowdrey Draw/Mayhoffer Trail <br /> Bridge "Agreement is hereby approved in essentially the same form as the copy of such <br /> Agreement accompanying this Resolution. <br /> 2. The Mayor is authorized to execute the Agreement on behalf of the City, except that <br /> the Mayor is hereby further granted authority to negotiate and approve such revisions to said <br /> Agreements as the Mayor determines are necessary or desirable for the protection of the City, so <br /> long as the essential terms and conditions of the Agreements are not altered. <br /> Resolution No. 48, Series 2010 <br /> Page 1 of 2 <br />