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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 Cf L)►.-) e V A P P ?AZr l'.----- N. 535417012 i 535417013 G , 41 n \ :, . li k 11‘ • • 4 ;,-,. \ \ • ,"' :1 535414001 \ bo, . ' , il iK , r„.. ,,,,,, r • 535414002 ,,-,/ ' '-, . . ,.. , ' . 4 > I, \ ,nr q °t of • - r +aa ... 1,44i r �n .. .,..... vr- . f k , -.0 , . . 5 35414003 ` t- I • a 1 x t N �- 535414004 ` ... ,,, . '4' . ' : . '- . F $ a. w ati # 1 } p 'a 535414023 '" 535414005'* a g / y , - i` 535414024 535414020 4. 535414019 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 4i , ROUTT STREET ,s . e r _ d (I tr ONE STORY € FUCK -P. ' W F ,, r 1 0Utz ax ij ��s ilAi I ® � � , 302 P K STREET ° , _•�" 1 Oo i` kopproaNty [ * ' 111 'f%. , S ( � 2 : : -J t/a '4:34, \ ''.° r .„..... 1,...a.- (4Cfz-- _.., -...rt II ,..„,1 c R 3 I •, , ik A LEGAL DESCRIPTION �� * 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, a County of Pueblo State of Colorado. 4 - r V : '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 < 494-5 252960 4.12 Print Date: 05/10/2013 Authorized Farmers Representative