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HomeMy WebLinkAbout12279RESOLUTION NO. 12279 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO E&W INVESTMENT, LLC, FOR THE USE OF THE RIGHT OF WAY LOCATED ADJACENT TO 200 SOUTH SANTA FE AVENUE FOR THE PURPOSE OF MAINTAINING A PARKING AREA BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The attached Revocable Permit is authorized to be issued to E&W Investment, LLC for the use of the right-of-way located adjacent to 200 South Santa Fe and fully described in Exhibit A to the Revocable Permit for the purpose of maintaining a parking lot. 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. SECTION 3. This Resolution shall become effective upon final passage and approval. INTRODUCED December 12, 2011 BY: Leroy Garcia COUNCILPERSON Background Paper for Proposed RESOLUTION DATE: AGENDA ITEM # M-8 December 12, 2011 DEPARTMENT: Public Works Department Earl Wilkinson, P.E., Director TITLE A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO E&W INVESTMENT, LLC, FOR THE USE OF THE RIGHT OF WAY LOCATED ADJACENT TO 200 SOUTH SANTA FE AVENUE FOR THE PURPOSE OF MAINTAINING A PARKING AREA ISSUE Should City Council issue a Revocable Permit to E&W Investment, LLC, for the use of the public right-of-way located adjacent to 200 South Santa Fe Avenue and fully described in Exhibit A to the Revocable Permit for the purpose of maintaining a parking lot? RECOMMENDATION The Revocable Permit Review Committee recommends approval. BACKGROUND On April 1, 2011, the Law Department filed a Complaint to quiet title to the abandoned railroad right-of-way known as Gruma Drive. E&W Investment, LLC owns property adjacent to Gruma Drive at 200 South Santa Fe Avenue and was therefore, named as a defendant in the quiet title action. E&W Investment, LLC claimed an interest in the right-of-way by virtue of its use of a portion of the right-of-way for a parking lot. The Law Department has reached an agreement with E&W Investment, LLC to resolve any and all disputes in the quiet title action in exchange for a Revocable Permit in favor of E&W Investment, LLC for the continued use of a portion of the right-of-way as a parking lot. E&W Investment, LLC’s use of the right-of-way does not interfere with the City’s use of the same for Gruma Drive. FINANCIAL IMPACT None. REVOCABLE PERMIT Pursuant to the authority granted by Section 16 -9 of the Charter of Pueblo, a Municipal Corporation, (the "City "), the City Council of City hereby grants the following revocable permit to Permittee subject to and conditioned upon the provisions herein contained and the Permittee's compliance therewith. 1 Name, Address and Telephone Number of Permittee E &W Investment, LLC P 0 Box 849 Colorado Springs, CO 80901 -0849 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 4 THRU 14 + A POR OF LOT 15 BLK 2 MOORES SUBDIVISION, TOGETHER WITH A POR OF THE VAC ALLEY IN SD BLK 2 AS VAC IN RESOLUTION REC MARCH 4, 1971 IN BK 1686 PT 724 + A POR OF THE W2 NW4 SW4 OF SEC 31 -20 -64 ALh BEING MORE PART' DESC AS FOLLOWS BEG AT THE NW COR OF LOT 4 BLK 2 MOORES SUBDIVISION ACCD TO THE REC PLAT THEREOF 1) TH SLY ALG THE W BLK LN OF SD BLK 2, A DIST OF 150 00 FT MORE OR LESS, TO THE SW COR OF LOT 9 OF SD MOORES SUBDIVISION 2) TH SLY CONT ALG THE W BLK LN OF SD BLK 2, A DIST OF 145 00 FT 3) TH ELY AT 90 DEG TO THE LAST DESC COURSE, A DIST OF 400 00 FT, MORE OR LESS, TO A PT ON THE E LN OF THE PROP HERETOFORE CONVEYED BY THE JACKSON- CARLILE LAND CO TO THE SANTA FE TRL LUMBER CO IN EXTENDED NORTHWARD 4) 'I'H NLY AT 90 DEG TO THE LAST DESC COURSE, A DIST OF 73 32 FT, MORE OR LESS, TO A PT ON THE SWLY ROW LN OF THE ATCHISON, TOPEKA + SANTA FE RR CO; 5) TH NWLY ALG SD SWLY ROW LN A DIST OF 365.55 FT TO A PT ON THE N LN OF SD LOT 4 IF SD LOT LN WERE EXTENDED ELY 6) TH WLY ALG SD N LOT LN ± SD LOT LN EXTENDED A DIST OF 109.34 FT TO THE PT OF BEG Commonly known as. 200 South Santa Fe Avenue, Pueblo, Colorado 81003 3 "Permitted Area" means and includes that portion of the public right-of-way adjacent to Permittee's Property shown on the attached Exhibit A. 4 Purpose of Revocable Permit. Use and maintenance of a parking area. 5 Authorized Improvements. Permittee is allowed to maintain and repair the existing rock retaining wall and fence as appropriate. Permittee may cover the parking area with hard - surfaced, bituminous or concrete paving material 6. Commencement Date. October 7, 2011 Time. 12.00 a.m. 7 Ending Date. October 6, 2016 Time: 11 59 p.m. Page 1 of 4 PERMITTEE IN CONSIDERATION OF THE ISSUANCE AND GRANTING OF THE ABOVE DESCRIBED REVOCABLE PERMIT (TI -IE "PERMIT ") REPRESENTS, WARRANTS AND AGREES (a) The Permitted Area shall be used for the above - specified Purpose of Revocable Permit. No use of the Permitted Area shall be made before the time of the Commencement Date. (b) All structures, fences, tables, chairs, equipment or other improvements authorized to be placed in the Permitted Area by Permittee (the "Improvements ") shall be constructed, installed, and maintained by Permittee in compliance with all applicable codes, ordinances, rules and regulations of City and this Permit. (c) Before the Time of the Ending Date, or immediately upon any other termination of this Permit, Permittee shall, at Permittee's expense, remove all of Permittee's Improvements from the Permitted Area and clean and restore the Permitted Area to its original condition. Failure to timely remove all of Permittee's Improvements from the Permitted Area and clean and restore the Permitted Area to its original condition shall constitute Permittee's abandonment of the Permittee's Improvements, and City may, at Permittee's expense, remove and dispose of Permittee's Improvements and clean and restore the Permitted Area to its original condition. Permittee agrees to pay all City's costs and expenses, including reasonable attorney fees, incurred in the enforcement of this Permit. (d) Permittee shall keep all Improvements and Permitted Area in good, clean and safe condition and repair, free from litter, waste and debris. (e) 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 Permit or the conditions hereof, or the existence, construction, installation, repair or maintenance of the Improvements in the Permitted Area, or the use of the Permitted Area or Improvements by Permittee, its officers, agents, employees, invitees or general public. (f) Neither this Permit nor any of the privileges granted to Permittee hereby, may be conveyed, assigned, transferred or sublet by Permittee without the prior written consent of the City Council of City, which may not be unreasonably withheld. Any attempted conveyance, assignment, transfer or subletting of the Permit or Permitted Area without the written consent of the City Council of Pueblo shall be void and of no effect and shall cause this Permit to be automatically revoked. (g) Permittee shall keep and maintain commercial general liability insurance covering the Permitted Area and Improvements in amounts not less than $1,000,000 00 combined single limits per occurrence and aggregate, naming the City as an additional insured and contain a waiver of rights of subrogation against City A certificate for such insurance and each renewal thereof shall be delivered to the City Failure to maintain such insurance shall cause this Permit to be automatically revoked. Page 2 of 4 (h) Trees, landscaping and shrubbery within or adjacent to the Permitted Area shall be protected from damage or injury by Permittee and shall not be removed except after receipt by the Permittee of the written consent of the City's Director of Parks and Recreation. (i) Any notice or other document required or permitted herein shall be in writing and delivered personally or by first class mail, postage prepaid, as follows. (i) If to Permittee, at the address shown in paragraph 1 above. (ii) If to City, 1 City Hall Place, Pueblo, Colorado, 81003, Attention. Revocable Permit Review Committee. Each party reserves the right to change its address provided notice of such change is given in accordance with this paragraph (i) (j) City reserves and is hereby granted by Permittee access to, under and through the Permitted Area for any and all purposes. City may injure, damage or remove any and all Permittee's Improvements in the Permitted Area in exercising the right of access hereby reserved and granted. Permittee assumes the risk of injury, loss and damage to Permittee's Improvements within the Permitted area, and City shall have no responsibility or liability for any damage or injuries thereto, whatsoever the cause, including, but not limited to, the acts or omissions of City, its officers, employees, or agents. (I) This Permit shall terminate upon the occurrence of any one of the following events. (i) the Time of the Ending Date, (ii) abandonment or non -use by Permittee for a period of three (3) consecutive months, (iii) surrender or cancellation of the Permit in writing by Permittee, (iv) automatic revocation as provided in paragraphs (f) and (g) above, or (v) revocation or termination of this Permit by resolution of the City Council of City (n) Permittee acknowledges and agrees that this Permit is temporary and subject to revocation or termination by resolution of the City Council of City, in its sole discretion, for any reason or no reason, at anytime, without liability to City, and without notice to or hearing by Permittee. Permittee waives any and all right or claim to such notice, hearing, and liability of the City [INTENTIONALLY LEFT BLANK] Page 3 of 4 Cvrora'h's 4 Signed in I Colorado this day of . �� e ( , 2011 PERMITTEE Organization. Li�- ix) , dPv�s'h Pn ,7 GLc By. `...e& a Title: / /'iV. STATE OF COLORADO ) COUNTY OF P i use ) ss. �C The foregoing nstrument was acknowledged before me the o f day of , , 2011 by U4 ? //e as /L . At 2 L G� My commission epires. ��" - a? KAY R. MOODY NOTARY PUBLIC [SEAL] STATE OF COLORADO Air MY COMMISSION EXPIRES: Notary Public APPROVED this 12th day of December , 20 11 PUEBLO, a Municipal Corporation By President of th City Council Page 4 of 4 1 i W u' 9 r Q m n$ / � 01 8 ��" 1- / W D W % ' i � Li t CI- M # g W o is I az1 m O N , 6 /# o 0 �I o a I�. N , , N r. 4 a ■ c a U CC ct m IL • U N� 4. 0 • .a •y ii 1%1 z .0 a ` \ \\1 "Lim, W , , NN '� . ° C 1 , / / r / 3 c a, q °...r_ O W N� 0 ° a. y / /i1 . ' 'V' \ \\ a o w 4. o a g co F - G M o 111 O i cri N u_ 6 ! ' '- J V) O m O y N 4 A as / c)o f , / d 30 80 as V 38 if) .` H p .o y 4 rn '8 •. p, c 0 ° 0a w °3 - i' Q a 'S o o . " 4 m L .y o 4, .5 _ °o g° g K 1 en i pp o W oo 8 2. w bb o. S ON - h > 0J ..1< 5 U a. - C2 a'.