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HomeMy WebLinkAbout11488RESOLUTION NO. 11488 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO HENKLE'S FLEET & AUTO, LLC FOR THE USE OF THE RIGHT OF WAY LOCATED AT 601 EAST 8 STREET FOR THE PURPOSE OF INSTALLING LANDSCAPING BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The attached Revocable Permit is authorized to be issued to Hinkle's Fleet & Auto, LLC for the use of the right of way located at 601 EAST 8 STREET for the purpose of installing landscaping. SECTION 2. The use of the public right -of -way granted hereby is subject to all limitations, terms and conditions set forth in the attached Revocable Permit. BY: Randy Thurston Councilperson PRt ATTESTED aY { CLERK INTRODUCED: December 22, 2008 µ — �9 LJ ....... ..e. _..,. Background Paper for Proposed RESOLUTION AGENDA ITEM # 11 DATE: DECEMBER 22, 2008 DEPARTMENT: PUBLIC WORKS INTERIM DIRECTOR — MICKEY BEYER, P.E. TITLE A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO HINKLE'S FLEET & AUTO, LLC FOR THE USE OF THE RIGHT OF WAY LOCATED AT 601 EAST 8 STREET FOR THE PURPOSE OF INSTALLING LANDSCAPING ISSUE Should City Council issue a Revocable Permit to Hinkle's Fleet & Auto, LLC for the use of the public right -of -way located at 601 East 8 Street for the purpose of installing landscaping. RECOMMENDATION The Revocable Permit Review Committee recommends approval. BACKGROUND Hinkle's Fleet & Auto is in the process of constructing an addition to the building at this site. As a condition of the building permit, the applicant is required to have a 10 -foot landscape setback. Because of the limited available space on this property, the applicant needs to utilize the right of way to meet the landscape requirement. FINANCIAL IMPACT •C7iT� Resolution 11488 LANDSCAPING REVOCABLE PERMIT (Section 17 -4 -7 Pueblo Municipal Code) Pursuant to Section 16 -9 ofthe Charter ofthe City of Pueblo ( "City ") the City Council of City hereby grants a revocable permit to the Permittee named herein for the sole purpose of installing and maintaining landscaping in the Permitted Area herein described, subject to and conditioned upon the provisions, covenants and conditions contained herein and Permittee's compliance therewith: Permittee's name and address: Hinkle's Fleet & Auto, LLC 601 East 8 °i Street Pueblo, CO 81001 2. Legal description and street address of real property owned by Permittee subject to Section 17- 4-7 of the Pueblo Municipal Code ( "Permittee's Property "): LOTS 9, 10, I I BLOCK 93 CONLEY'S ADDITION TO EAST PUEBLO A.K.A. PARCEL A IN REARRANGEMENT OF PROPERTY BOUNDRIES REC. 1786716 3. "Permitted Area" means and includes that portion of the public right -of -way adjacent to Permittee's Property shown on the attached Landscape Plan. In consideration of the issuance and granting of this Revocable Permit, Permittee represents, warrants and agrees as follows: I . Permittee shall within 180 days from date hereof install landscaping on Permittee's Property and in the Permitted Area in compliance with the Section 17 -4 -7 of the Pueblo Municipal Code and as shown on the attached Landscape Plan. 2. Permittee shall keep, maintain and replace the landscaping as required by Section 17-4 - 7(b)(8)(b) of the Pueblo Municipal Code or any substituted provision thereof. 3. This Revocable Permit shall automatically terminate and be revoked upon the revocation or termination of this Revocable Permit by Resolution of the City Council of City. Permittee acknowledges and agrees that this Revocable Permit is temporary and subject to revocation or termination by the City Council of City for any reason, at any time, without notice to or hearing by Permittee, and Permittee waives any and all claim to any such notice and hearing. 4. Immediately upon termination of this Revocable Permit, Permittee shall (a) remove the landscaping from the Permitted Area and no longer use the Permitted Area for any purpose; (b) replace and relocate landscaping on Permittee's Property which meets and complies with Section 17 -4 -7 of the Pueblo Municipal Code or any substituted provision thereof; and (c) meet and comply with all applicable off - street parking requirements set forth in Sections 17 -4 -42, 17 -4 -43, 17 -4 -44 and 17 -4 -45 of the Pueblo Municipal Code on Permittee's Property or other property allowed under said Sections of the Pueblo Municipal Code or any substituted provision thereof. 5. If Permittee fails for any reason to timely perform and comply with the requirements and provisions of this Revocable Permit, City, in addition to all other remedies provided by law, may revoke the certificate of occupancy for the building on Permittee's Property. 6. The covenants of this Revocable Permit shall run with Permittee's Property and shall extend NOTE: This Revocable Permit must be recorded in the office of the Pueblo County Clerk and Recorder. 1792390 REV PMT 01/07/2009 03:35:44 PM Gi9lbertlOrtiz 3 C1erk1R , Pueblo 0 1 Counnty, Co 1111riVWW'14 AW &MUCH Mh11111 to, be binding upon, and inure to the benefit of City and Permittee and their respective heirs, personal representatives, successors and assigns. 7. Permittee shall indemnify, defend and hold City, its officers, agents and employees harmless from and against any and all suits, claims, liabilities, loss, damages and expenses, including reasonable attorney fees and cost of defense, arising, directly or indirectly, from or caused by the issuance of this Revocable Permit or the conditions hereof, or the existence, construction, installation, repair or maintenance of the landscaping in the Permitted Area, or the use of the Permitted Area by Permittee, its officers, agents, employees, invitees or general public. Executed at Pueblo, Colorado the 2- day of �B.oTE/tll3rT , 2001B Permittee Name: / 5 By: 44,e /•rl dt I.& Title: OW 1e& STATE OF C010ratC[O ) ss. COUNTY OF PUZ121 O ) The foregoing instrument was acknowledged before me the Zs day of Sp _jytl� 200$, by Lancj &n kk as, Of (SEAL) Witness my official seal and signature. expires: L� tpla,01 A_ 11 1 0 1 \111 IIIIOIIII,, I;r© ° o ,,,'1j11111111111111110% ` Pueblo, a Corporation B_v: —� President of the City Council NOTE: This Revocable Permit must be recorded in the office of the Pueblo County Clerk and Recorder. 17 REV 01/07/2009 03:35:44 PM Galbert C1erk1Re Pu ounntty, Co mill N�4 I� Ir �l�rl lll ®iii i &0-'0L aj� y Y a Notary Public this o?;? ND day of Deft vn 6 -( 200E NOTE: This Revocable Permit must be recorded in the office of the Pueblo County Clerk and Recorder. -2- x EN AVENUE �t 3 ( o (D �t 9 �Y' K si '� narwr 1792390 REV PMT 01/07/2009 03:35:44 PM Pa 3 of 3 R 16.00 D 0.00 T 16.00 Gi lhert Ortiz ClerklRecorder, Pueblo County, Co mill 'i�Y���I���9ChF+��� �MIRLIUMAN 11111 - �l sP d 4, i e 1 f f I } {6 �L xsS Iii 1 i i Ff i i i I 3 ( o (D �t 9 �Y' K si '� narwr 1792390 REV PMT 01/07/2009 03:35:44 PM Pa 3 of 3 R 16.00 D 0.00 T 16.00 Gi lhert Ortiz ClerklRecorder, Pueblo County, Co mill 'i�Y���I���9ChF+��� �MIRLIUMAN 11111 - �l sP d 4, i e 1 f