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Home My WebLink About11733RESOLUTION NO. 11733 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO BLADOW COLORADO PROPERTIES, LLC, FOR THE USE OF THE RIGHT OF WAY LOCATED AT 3206 WEST NORTHERN FOR THE PURPOSE OF INSTALLING LANDSCAPING BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SFrTinN 1 The attached Revocable Permit is authorized to be issued to Bladow Colorado Properties, LLC, for the use of the right of way located at 3206 West Northern 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. A77TSTFD SY: CITY CLERK INTRODUCED: October 26. 2009 BY: Judy Weaver COUNCILPERSON APPR D' } �- PRESIDENTaf Cfty Council L) 4 Background Paper for Proposed RESOLUTION AGENDA ITEM # N -15 DATE: OCTOBER 26, 2009 DEPARTMENT: PUBLIC WORKS DIRECTOR — EARL WILKINSON, P.E. TITLE A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO BLADOW COLORADO PROPERTIES, LLC, FOR THE USE OF THE RIGHT OF WAY LOCATED AT 3206 WEST NORTHERN FOR THE PURPOSE OF INSTALLING LANDSCAPING ISSUE Should City Council issue a Revocable Permit to Bladow Colorado Properties, LLC, for the use of the public right -of -way located at 3206 West Northern for the purpose of installing landscaping? The Revocable Permit Review Committee recommends approval. BACKGROUND Bladow Colorado Properties, LLC, is in the process of constructing a 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 None. 1823150 PERMIT 10/30/2009 02:31:38 PM y Reso. 11733 Page: 1 of 4 R 21.00 0 0.00 T 21.00 1 Gilbert Ortiz ClerklRecorder, Pueblo County, Co ®III W 17h +AKII4'AGlrll W W 101119 h 01 II I or LANDSCAPING REVOCABLE PERMIT (Section 17 -4 -7 Pueblo Municipal Code) Pursuant to Section 16 -9 of the Charter of the 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: Bladow Colorado Properties, LLC 5055 Avenida Encinas, Suite 200 Carlsbad, CA 92008 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 "): 3206 W. Northern Ave., Pueblo, CO 81005 Lot 1, Block 1, Alco Plaza Subdivision, Filing No. 3 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: 1. 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 ofthe 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: NOTE: This Revocable Permit must be recorded in the office of the Pueblo County Clerk and Recorder. -1- 182 PERMIT 10/30/2009 02:31:38 PM G, .rt Ortiz 4 Clerk//Recorder, Pueblo Counn Co mill kAM G 1111 M l IN IN Nq lot W'IM411 III 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 Pennittee's Property. 6. The covenants of this Revocable Permit shall run with Permittee's Property and shall extend 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- Pnebie 6elerade the -y day of �P� , 2009. e"15 hQ A1 C' Permittee Name - A & By: David M. Bladow Title: Manager STATE OF California ) ) ss. COUNTY OF San Diego ) The foregoing instrument was acknowledged before me the day of 2009, by David M. Bladow as, Manager of Bladow Colorado Properties, LLC (SEAL) Witness my official seal and signature. ,a Arrmr- 4e l) q My commission expires: � Notary Public APPROVED this 26th day of October , 2009. Pueblo, a Municipal Corporation By. i President of the City eouncil NOTE: This Revocable Permit must be recorded in the office of the Pueblo County Clerk and Recorder. -2- 1823150 PERMIT 10/30/2009 02:31:38 PM Page: 3 of 4 R 21.00 D 0.00 T 21.00 Gilbert Ortiz Clerk /Recorder, Puebla County, Cc W'` ®III EiP�IG�1 I CIi�'A G4r�LGI�IAYI�IW I� h 11111 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Z� .V i 240 t i On b Z00 N before me, Date personally appeared /�• lim DOB &NS 1GLIFO NNN O (O�Ty NAADI11,2013� Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(K whose name(i) is/aW subscribed to the within instrument and acknowledged to me that he /s4@A4 ey executed the same in his4lii eir authorized capacity(oaj; and that by his/hefftheir signaturels; on the instrument the pi or the entity upon behalf of which the personv acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITN kl nd and of ieia al. Signature ignature Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: p OCrdBCr�. Document Date: Z Number of Pages: 4 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMRPRINT OF SIGNER in Signer's Net ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER 02007 National Notary Association -93M Do Soto Aw.,P.O. Box 2402•Chateworth, CA 91313 -24M -• NationalNotaryorg IWM#5901 Reordor:Call T.IkFrae1A00-8 13827 September 28, 2009 Subject: Jack in the Box Revocable Permit Application We area applying for a Revocable Permit for the portion of the Northern Avenue right -of -way adjacent to the proposed restaurant location. Please see attached exhibit. The revocable permit is intended to be used for landscaping and an eight foot wide bike path. This application request is in accordance with the approved ordinance no. 7969 for the Alco Plaza Subdivision, 3` Filing. The approved ordinance requires a note on the recorded plat, for the afore mentioned subdivision, stating "A portion of the landscape setback will be fulfilled within the right -of -way of Northern Avenue and Moore Avenue as approved by ordinance no. 7969. We hope that sufficient information has been provided. Please call with any questions or comments. Sincerely, �id M. Bl o Manager, Bladow Colorado Properties, LLC Pc File SOES AVENIDA ENCINAS, SUITE 200 CAk66I CA 92000 760 476 3411 F 760 476 3451