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RESOLUTION NO. 1 SERIES 2011 A RESOLUTION APPROVING A PIPELINE LICENSE AGREEMENT WITH BURLINGTON NORTHERN SANTA FE (BNSF) RAILWAY COMPANY FOR A PIPELINE CROSSING TO PROVIDE A SECONDARY WATER SOURCE FOR THE TAKODA SUBDIVISION PROJECT WHEREAS, the City of Louisville has previously authorized and approved the Takoda Subdivision that includes the extension and construction of public improvements to /within Takoda Subdivision, City of Louisville, State of Colorado, situated in the Southeast Quarter of Section 5, Township 1 South, Range 69 West, the Plat of which is recorded at the office of the Boulder County Clerk and Recorder, under Reception No. 3103584 (hereinafter referred to as the "Project and WHEREAS, the Project includes a potable water pipeline crossing of the BNSF railway; and WHEREAS, a Pipeline License between the City and BNSF Railway Company has been proposed for such crossing; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LOUISVILLE, COLORADO: 1. The proposed Pipeline License Agreement between the City of Louisville and BNSF Railway Company for a potable water pipeline crossing associated with the Project (the "License Agreement is hereby approved in essentially the same form as the copy of such License Agreement accompanying this Resolution. 2. The Mayor is authorized to execute the License Agreement on behalf of the City, except that the Mayor is hereby further granted authority to negotiate and approve such revisions to said License Agreement as the Mayor determines are necessary or desirable for the protection of the City, so long as the essential terms and conditions of the License Agreement are not altered. D AND ADOPTED this day of/ 2011. 00 0000 0 u• r e e wa s Li 4. t r Char L. Sisk, Mayor r R 4 lip t1 Nancy Varra, Ci y Clerk Resolution No. 1, Series 2011 Page 1 of 1