HomeMy WebLinkAbout12999RESOLUTION NO. 12999
A RESOLUTION AUTHORIZING THE ISSUANCE OF A
REVOCABLE PERMIT TO PATRICIA CURTSINGER FOR THE
USE OF THE RIGHT-OF-WAY LOCATED AT 330 JEFFERSON
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 Patricia Curtsinger for the
use of the right-of-way located at 330 Jefferson 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.
SECTION 3.
The officers and staff of the City are directed and authorized to perform any and all acts
consistent with the intent of this Resolution to effectuate the policies and procedures described
herein.
SECTION 4.
This Resolution shall become effective immediately upon passage and approval.
INTRODUCED: June 23, 2014
BY: Chris Kaufman
COUNCILPERSON
City Clerk’s Office Item # M-13
Background Paper for Proposed
Resolution
COUNCIL MEETING DATE: JUNE 23, 2014
TO: President Sandra K. Daff and Members of City Council
CC: Sam Azad, City Manager
VIA: Gina Dutcher, City Clerk
FROM: Earl Wilkinson, Director of Public Works
SUBJECT: A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT
TO PATRICIA CURTSINGER FOR THE USE OF THE RIGHT-OF-WAY
LOCATED AT 330 JEFFERSON STREET FOR THE PURPOSE OF
INSTALLING A SANITARY SEWER SERVICE LINE
SUMMARY:
Attached is an application for a revocable permit submitted by the Patricia Curtsinger for the
installation of a new sanitary sewer line at 330 Jefferson Street.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
The sanitary sewer line that services the residence at 330 Jefferson 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 IMPLICATIONS:
None.
BOARD/COMMISSION RECOMMENDATION:
The Revocable Permit Review Committee recommends approval.
STAKEHOLDER PROCESS:
None.
ALTERNATIVES:
Denying the Resolution will result in damage to the house as the existing sewer line is beyond
repair.
RECOMMENDATION:
Approval of this Resolution.
Attachments: Revocable Permit, Letter of Intent, Certificate of Liability, Map
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: Patricia Curtsinger, 330 Jefferson Street, Pueblo, CO
81004, (719)542 -7682
2. Permitted Area: 330 Jefferson Street
3. Purpose of Revocable Permit: Sanitary Sewer Service Line
4. Authorized Improvements:
5. Commencement Date: June 23 2014 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 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.
(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 Pennittee, (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.
Signed in Pueblo, Colorado this 3 day of MA._ , 20 1 .
PERMITTEE: ` r �
Organizat' �1 " �S � . ac or;
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B , . t L• tL�...rt f
Title: 01"..) Iv Lahr,
STATE OF COLORADO )
COUNTY OF PUEBLO ) ss.. `
The foregoing instrument was acknowledged before me the 3 day of �u r , 20 i T by
` I Ckr 1 k' Si (loser as 4 O t�h•e_r
• ission ex. Tres: _
BELINDA KIMBALL � l� L C� [TEAL OTARY PUBLIC fetaa
STATE OF COLORADO Notary Public
QQMMN��O����TAARY ID 20094005563
MaaallL flc=RES, E 2d f June , 20 14 .
23rd
PUEBL a unicipal Corporatio
By d2
President of the City Council
CA — 4/6/10
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May 30, 2014
Patricia Curtsinger - along with
Torres - Garcia Excavating Ilc
330 Jefferson St.
Pueblo, CO 81004
Pueblo Public Works
Pueblo City Council
Pueblo, CO
Re: Revocable Permit
To whom it may concern,
Please except this document as our "Letter of Intent" for the Revocable Permit application required to repair / replace the
sewer service line which will be located within the City of Pueblo ROW .
I Patricia Curtsinger owner of the property located at 330 Jefferson Street along with Michael Garcia , Torres - Garcia
Excavating Ilc acknowledges that the application for this Revocable Permit is for the sole purpose of installing / repairing
the existing sewer service line for the above mentioned property. The excavation will begin on the south east side of the
dwelling, then it will run south across the City of Pueblo sidewalk, then turn east and run 12 inches parallel with the City of
Pueblo sidewalk to the sewer main in the alley. We also understand that after excavation the property will be returned to
its existing condition. - see drawing. All permits, inspections and fees required for the proper installation of the sewer line
will be obtained by Torres - Garcia Excavating Ilc from Pueblo Public Works Waste Water Dept., Pueblo Public Works
Streets Dept. and Pueblo Regional Building.
Our current schedule will allow us to begin this excavation as soon as possible, as the current sewer service line has
collapsed and is currently not working - Our lead time to complete the repair / replace is 3 full working days.
If you have any questions, please contact me at (719) 778 -8785
Best Re ards,
Patricia Curtsin • r
lc ' : - cia
Torr . rcia Excavating LLC
MAY -19 -2014 16:56 From:AMERICAN FAMILY INS To:7195643600 Page :1 /1
DECLARATIONS
COLORADO HOMEOWNERS POLICY - SPECIAL FORM 3 (EDITION 06194) CO `
NON - ASSESSABLE POLICY ISSUED BY AMERICAN FAMILY MUTUAL INSURANCE COMPANI
A MEMBER OF THE AMERICAN FAMILY INSURANCE GROUP, MADISON, W
PLEASE READ YOUR POLICY
POLICY NUMBER 05BL 9322 -
MORTGAGEE
REFERENCE NUMBER: 0301514816
WELLS PARGO BANK NA #708
ITS SUCCESSORS AND/OR ASSIGNS ATIMA
PO BOX 5708
SPRINGFIELD, OH 45501 -5708
NAMED INSURED
EFFECTIVE
CUBTSINGER, JOSEPH & PATRICIA
330 JEFFERSON ST FROM 6/30/2013 TO 6/30/2014
PUEBLO, CO 81004 -2318 ACCT 013 -065- 655.29
COVERAGES AND LIMITS PROVIDED
001 FAMILY FRAME DWELLING IN TOWN CLASS 3
SECTION I LIMITS
DWELLING $102,500
PERSONAL PROPERTY ON PREMISES $76,900
PERSONAL PROPERTY OFF PREMISES 100% SUBJECT TO POLICY LIMJTATIO1
LOSS OF USE - ACTUAL LOSS SUSTAINED WITHIN 12 MONTHS OF THE LOSS $500
DEDUCTIBLE AMOUNT - ALL PERIL
SECTION II
PERSONAL LIABILITY $300,000
MEDICAL EXPENSE $1,000
ADDITIONAL PROTECTION / ENDORSEMENTS
SILVER STAR (END 483 ED 6/94)
OPTION 2 - EXTENDED COVERAGE ON JEWELRY, WATCHES AND FURS
OPTION 14 - PERSONAL PROPERTY REPLACEMENT COVERAGE
BACK -UP SEWER COV (END 466 (L) ED 10/97) - $10000 LIMIT - 1000 DED
o;: ta�v ;;;4 NJTAJJPERSONAL POLLUTION DAMAGE COV (END 523 ED 9/94)
FUNGI OR BACTERIA EXCLUSION .(END 595 ED 6/02)
ACTUAL CASH VALUE WOOD ROOF SURFACE LOSS SETTLEMENT (END 596A ED 11/08)
COLORADO AMENDATORY. HOMEOWNERS (END 5S4D (CO) W 101
CUSTOMER LONGEVITY DISCOUNT /CLAIM FREE DISCOUNT HAVE R1?EN A.PPT TED
HOME & AUTO DISCOUNT HAS BEEN APPLIED
AGE OF CUSTOMER DISCOUNT HAS BEEN APPLIED)
HOME AND UMBRELLA DISCOUNT HAS BEEN APPLIED
TOTAL PREMIUM 51,059.00
LATEST BUILDING COST INDEX IS 219
-- n nMhn
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Declarations effective on the date shown above. These dEClare ;;, ` ^�^ :_ � "`:_ ,:_' ; -: . Ii
- ••�'
declarations which may have been issued previously for this policy. I1 thess dcclaretic ^c arc accornpa•^•`•ed by a new
policy, the policy replaces any which may'have been issued before with tha :1151;,'
AUTHORIZED eL9 ,1 41111-4` 4---1=42c
REPRESENTATIVE President Seoreta,
AGENT 165 - 303 PHONE (719) 683.2070
Danette Trujillo Agency
516 N. Main Street
Pueblo, CO 81003
Form No. HO -47C 1 of 1 Stock No. 23281