HomeMy WebLinkAbout12712RESOLUTION NO. 12712
A RESOLUTION AUTHORIZING THE ISSUANCE OF A
REVOCABLE PERMIT TO ROBERT EBERHART FOR THE
USE OF THE RIGHT-OF-WAY LOCATED AT 302 POLK
STREET FOR THE PURPOSE OF INSTALLING A
SANITARY SEWER SERVICE LINE
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The attached Revocable Permit is authorized to be issued to Robert Eberhart, for
the use of the right-of-way located at 302 Polk Street for the purpose of installing a
sanitary sewer service line.
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.
INTRODUCED: June 24, 2013
BY: Chris Kaufman
Background Paper for Proposed
RESOLUTION
DATE: JUNE 24, 2013AGENDA ITEM # M-12
DEPARTMENT:
PUBLIC WORKS
DIRECTOR – EARL WILKINSON, P.E.
TITLE
A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO
ROBERT EBERHART FOR THE USE OF THE RIGHT-OF-WAY LOCATED AT 302
POLK STREET FOR THE PURPOSE OF INSTALLING A SANITARY SEWER
SERVICE LINE
ISSUE
Should City Council issue a Revocable Permit to Robert Eberhart for the use of the
right-of-way located at 302 Polk Street?
RECOMMENDATION
The Revocable Permit Review Committee recommends approval of this Resolution.
BACKGROUND
The sanitary sewer line that services the residence at 302 Polk Street is blocked and
most likely damaged. The line currently runs through an adjacent property; therefore it
is inaccessible to make the necessary repairs. The property owner is requesting
permission to reroute the service line to the street.
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: Robert Eberhart, 112 Midnight Avenue, Pueblo, CO
81005, (719)561-4441
2. Permitted Area: 302 Polk Street
3. Purpose of Revocable Permit: Sanitary Sewer Service Line
4. Authorized Improvements:
5. Commencement Date: June 24, 2013 Time:
6. Ending Date: Indefinitely Time:
PERMITTEE IN CONSIDERATION OF THE ISSUANCE AND GRANTING OF THE ABOVE DESCRIBED
REVOCABLE PERMIT (THE "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) If the Revocable Permit is issued for a sidewalk cafe, the Permittee and sidewalk cafe shall be subject to all the
provisions, conditions and requirements contained in section 9 -10 -84 of the Pueblo Municipal Code, or as same may be
amended, which are incorporated herein by reference. In addition, no Improvement shall be tied -down or chained to any
tree within or adjacent to the Permitted Area nor shall any Improvement be installed or located in such a manner as to
hinder or interfere with the opening of motor vehicle doors or passenger movement to and from motor vehicles parked
adjacent to or near the Permitted Area.
(d) If this Permit is issued for the use of the public right -of -way for a special event, Permittee shall deposit with the City
the sum of $500.00 ( "Deposit "). The Deposit will be forfeited to the City if Permittee does not remove all Permittee's
equipment and property from, and clean and restore the Permitted Area to its original condition before the Time of the
Ending Date. If so timely removed and cleaned, the Deposit will be returned to Permittee.
(e) 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.
(f) Permittee shall keep all Improvements and Permitted Area in good, clean and safe condition and repair, free from
litter, waste and debris.
(g) 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.
(h) 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. 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.
CA — 4/6/10
(i) 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.
(j) 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.
(k) 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 (k).
(1) 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 110 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.
(m) 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 Penmittee, (iv) automatic revocation as provided in paragraphs (h) and (i) 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. ''}�.11
Signed in Pueblo, Colorado this I day of Ji&.rt_ ,20 3
PERMITTEE:
Organza 1 . ' –�
By: • /...0 r % t
Title: *D (Y1t?O Loner
STATE OF COLORADO )
COUNTY OF PUEBLO ) SS..
The foregoing instrument was acknowledged before me the – day of V UY\ . , 20 l a by
Rdbe 4 Eber ha.Y - as }\ o im°otun -P,r
My commission expires: a 1Q1ci
[SEAL] MkridA YA,a
Notary Public
APPROVED this 24th day of June , 20 13
P l; : If: Dal spore
t.
e City Council
CA – 4/6/10
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Prepared by the Pueblo County GIS Center and Assessor's Office.
Unauthorized reproduction or duplication of this document is strictly prohibited
without written consent by the Pueblo County GIS Center.
Legend Pueblo County makes no claims as to the accuracy of the
information portrayed in this document.
— Roads For further information, please contact the Pueblo County Assessor's Office.
— 1 inch = 30 feet 215 W 10th St, Pueblo CO 81003 719.583.6556 (v) 719.583.6563 (f)
n Parcels Base Data Sources: Pueblo County
Date of Preparation: February 8, 2013
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LEGAL DESCRIPTION
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* Iii. = o I and 2, exoept the Southeasterly 65 feet, Block 84 ,
4 - 'Coltio ratio Ooa Cod and Iron CoMpany , s Add it ion No . 1 to the Former CI ty
T , t Pueblo , now c the City c Pu bl o r,
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County of Pueblo State of Colorado.
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'C CERTIFY THAT THIS IfIMYENENT LOCATION CERTIFICATE #a A
,!, ": I Co C . THAT I ' IS NOT A LAND SURVEY PLAT * � T'° V1 ? PLAT, AND THAT IT I -
NOT TO BE RELIED FIR THE
T `i ` FENCE, . 'ILA OTHER , FUT IMPLEMENT LIMES,
I , . FOI4THtiR tortlr, THAT roE II'V T" N tE ABOVE DESCRIBED PAL . ON
tS z`', . .` 19 EXCEPT larlitTy eartmEcTiatm APE ENTIRELY
ITHI.Iwi S' `° . REA el.., T AS SHOWN, THAT THEM ARE NO
m ' tTS " THE DESCRIBED PREMISES IMPROVEMENTS au ANY
¢A V PREMISES, xCEPT" AS INDICATED, AND THAT T* I O APPARENT
$ ,, , � , . U Ir I I" AMY ASEMENT CROSSING OR kuRDENI ANY PART r SAID
x r " ? , 4 ' 7 5 '. ' kx /_., :" � . .4... "` ""i ,_ . , .. M „ ' T. § f
June 3, 2013
Sam Azad
Dear Sir:
The sewer line for 302 Polk, 308 Polk, and 418 W. Routt are all on the
same line. I own the Duplex at 302 Polk which is stopped up. I have to
get the Plumber's High Pressure Jet to unplug the sewer because of the
length of line and access to the other properties. (see drawing of
existing sewer line) This machine can't be used if the temperature is
below 32 degrees Fahrenheit. It also causes some long periods without
anyone being able to use the sewer system. I would like to place a new
sewer line from 302 Polk to the main sewer line in the alley using the
public parking right of way. (as shown on the attached drawing)
I have gone to the County Clerk and Recorder, the County Mapping,nd
Board of water Works and they all tell me they don't have anything
with dimensions on them. I have attached what they gave me and the
detailed drawing that I made.
Thank You,
Robert Eberhart, Owner
Attachments
a FARM RS
!�' INGRO PtF�.
GROUP FARM E RS
OU'
Evidence of Insurance for Mortgagee /Other Interests
This form is not the contract of insurance. It is a memorandum of coverage limited to mortgagee /other interests, provided at their request and
applicable to the dwelling or building at the location below. The provisions of the policy will prevail in all respects. This certificate of
insurance does not affirmatively or negatively amend, extend, or alter the coverage afforded by the insurance policy. Should the insurance
policy be cancelled by the company before the expiration date thereof, notice will be given in accordance with the policy provisions.
Insured Information Agent Information
Named Insured. Name THOMAS .I CI-IAVEZ
ROI3ERT K EBERI -TART Address 2001 S PRAIRIE
PUEBLO CO 81005
Phone 719 -566 -0473 F 719 -561 -8877
Mailing Address Email tchavez farmersagent.com
112 MIDNIGHT AVE
PUEBLO CO 81005 -1000
Property Address
302 POLK ST
PUEBLO CO 81004 -1516
Policy Information Coverage Information
Policy Number 910879318 Coverage Limit
Company Name FIRE INSURANCE EXCHANGE Dwelling $137,000
Extended Replacement Cost NONE
Policy Type LANDLORD PROTECTOR Personal Property $6,850
Policy Status IN FORCE Personal Liability $300,000
Policy Term Effective Date 04/01/2013
Renewal Date 04/01/2014 Deductible applicable to each covered loss:
Annual Premium 1,128.04 $1,000
Balance Due $564.02
Loss Of Rents COVERED - 12 Months
First Mortgagee Loan Number Who Pays
Mortgagee Effective Date
Second Mortgagee /Other Interest
Loan Number
Mortgagee Effective Date
Mortgagee Deductible Clause
Not Applicable
!Z7
President
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252960 4.12 Print Date: 05/10/2013
Authorized Farmers Representative