HomeMy WebLinkAbout005565 RESOLUTION NO. 5565
A RESOLUTION AUTHORIZING THE ISSUANCE OF A
REVOCABLE PERMIT TO ALLOW THE ESTABLISHMENT
AND MAINTENANCE OF A WILD LIFE REFUGE WITHIN
THE PUBLIC RIGHT-OF-WAY, IN THE ARROYO, AT
THE NORTH END OF GRACE AVENUE
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that:
SECTION 1 .
A revocable permit be and hereby is granted to Robert F. Steele, Jr. ,
to temporarily establish and maintain a wild life refuge within the public
right-of-way, in the arroyo, at the north end of Grace Avenue, in accordance
with the form of agreement appended hereto as Exhibit "A" .
SECTION 2.
The permit granted hereunder shall be subservient to the use of the
arroyo and public right-of-way as a drainage way and Permittee shall not ob-
struct the drainage in any manner which is to the detriment of the City or the
adjacent property owners.
SECTION 3.
The revocable permit, hereby granted, may be revoked by resolution
of the City Council at any time hereafter, without notice and with or without
cause.
INTRODUCED April 8 ,1985
By KENNETH HUNTER
Councilman
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APPROVE
Pres"ident of the Council
ATTEST:
•
City Cle k
•
AGREEMENT FOR REVOCABLE PERMIT
THIS AGREEMENT made this day of
198_1_, by and between the CITY OF PUEBLO, a Municipal Corporation,
hereinafter referred to as "CITY" , and Robert F. Steele, Jr .
_ , hereinafter referred to as
"PERMITTEE" .
W I T N E S S E T I-I :
WHEREAS , the City Council is authorized pursuant to Sec-
tion 16-9 of the Charter of the City of Pueblo to grant revocable
permits for temporary uses of streets and public ways provided
such permits may be revoked by the Council at its pleasure; and
WHEREAS, PERMITTEE acknowledges and agrees that the ex-
ercise of any of the privileges granted herein is subject to and
constitutes acceptance of all the conditions of this permit.
NOW, THEREFORE, in consideration of the foregoing and
mutual promises herein contained the parties agree as follows :
1 . PERMITTEE is hereby granted permission to use, for
the purpose of establishing_ and maintaining a wild life refuge
the following described street or public way situated in the City
of Pueblo, County of Pueblo, State.' of Colorado;
A portion of Grace Avenue as platted,eaccording to the recorded plat of
Riverview, filed for record August 25 , 1892 , in the records of the Pueblo
County Clerk and Recorder; and as replatted according to Riverview 2nd
Filing, filed for record October 7 , 1925 in the records of the Pueblo
County Clerk and Recorder, being more particularly described as follows :
All that portion of Grace Avenue lying north of an east-west line that is
318 feet north of the north line of Davis Avenue .
2 . PERMITTEE acknowledges and agrees that in no event
will (90he locate, erect, or cause to be located or erected any •
building, structure, or improvement, authorized to be placed upon
the property covered in this permit unless done so in compliance
with all resolutions , ordinances , and regulations of the CITY and
all federal, state and county laws and regulations that are appli-
cable to the area or operations covered by this permit.
3 . Trees or shrubbery existing on the permitted area
may be removed or destroyed only after CITY' S Director of Parks
and Recreation has approved and marked or otherwise designated
EXHIBIT "A"
Agreement for Revocable Permit
+ Page 2
that which may be removed or destroyed.
4. PERMITTEE shall maintain the improvements and
premises in a neat, orderly, sanitary fashion, and in compliance
with all CITY ordinances, rules, and regulations .
5. PERMITTEE shall exercise due diligence in protect-
ing from damage the land and property covered by and used in con-
nection with this permit.
6 . PERMITTEE agrees to indemnify and hold harmless the
CITY, its agents and employees , from any and all claims , expenses,
liabilities , loss, or damage to property or injury to or death
of persons, caused by or arising out of the construction, recon-
struction, reinstallation, maintenance, or use of the land and
property covered by and used in connection with this permit.
•
7 . This permit may be revoked by resolution of the City
Council, for any reason, at any time, without notice or hearing
to PERMITTEE.
8 . Upon abandonment, termination, revocation, or can-
cellation of this permit, PERMITTEE shall, within 30 days , at his
sole expense, remove all structures and improvements , except those
owned by the CITY, and shall restore the site to its original pre-
agreement condition unless otherwise specified in writing or in
this permit. If PERMITTEE fails to remove all structures or im-
provements within 30 days , they shall become the property of the
CITY, but that shall not relieve PERMITTEE of liability for the
cost of their removal and restoration of the site.
9 . This permit is not transferable. If PERMITTEE
through voluntary sale or transfer, or through enforcement of con-
tract, foreclosure, tax sale, or other valid legal proceeding shall
cease to be the owner of the physical improvements , other than
those owned by the CITY, situated on the land described in this
permit, and PERMITTEE is unable to furnish adequate proof of abil-
ity to redeem or otherwise establish title to the improvements ,
this permit shall be subject to cancellation.
10 . In case of change of address PERMITTEE shall notify
CITY within 10 days . Notice shall be sent to the CITY at 1 City
' Agreement for Revocable Permit
Page 3
Hall Place , Pueblo, Colorado, 81003 .
11. The temporary use and occupancy of the premises and
improvements herein described may be sublet by PERMITTEE only with
the prior written approval of CITY' S Council , but PERMITTEE shall
continue to be responsible for compliance with all conditions of
this permit by the parties to whom the premises may be sublet.
IN WITNESS WHEREOF , the parties have caused this Agree-
ment to be duly approved and executed as of the date first written
above.
PERMITTEE
o ert . S ee e\Xr f / -.. '
STATE OF COLORADO, )
ss .
COUNTY OF PUEBLO. )
The foregoing instrument was acknowledged before me in
Pueblo County, Colorado, this 19th day of March , 1985 ,
by Robert F. Steele, Jr. •
My commission expires : July 5 , 1985 •
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Notary Pub is
CITY OF PUEB 0
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ATTEST:
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APPROVED AS TO FORM:
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ROBERT E. WEST
ATTORNEY AT LAW
PROFESSIONAL CORPORATION
SUITE 609,THATCHER BUILDING
PUEBLO,COLORADO 81003
303-542-5545
5 March, 1985 CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Tom Cvar
Director of Public Works and Utilities
211 East D Street
Pueblo, CO 81003
RE : Request for a Revocable Permit for Use City
Property - The Robert F . Steele Trust Wildlife Sanctuary
Dear Mr. Cvar :
I believe you are familiar with the circumstances of the Robert F.
Steele Wildlife Sanctuary. Some thirty years ago the developer
of the area, Mr . Hirsch and Bob Steele as a young man , began turning
a barren arroyo into something that is today extremely beautiful .
It is a recognized wildlife sanctuary recognized by the Department
of Wildlife and by the Audubon Society. There are many species of
ducks who return to this nesting spot every year . A number of
species nearing extinction are preserved here . It is my understand-
ing that the Broadmore has chosen this sanctuary as a nursery for
their swan and that Mr. Steele has received cranes from the City of
Denver Zoo . If you have ever seen this sanctuary and how unusual
it is , you know how much it needs to be preserved.
This has been accomplished only by the dedication , hard work, and
many thousands of dollars spent by Robert F. Steele over a period of
many years . He has built nesting boxes , damns , bridges , fences ,
planted trees , grass , and flowers , made walkways , kept the arroyo
from washing in , and so on and on .
Part of the Robert F. Steele Trust Wildlife Sanctuary is , as you
know, platted as the furthest North section of Grace Avenue . There
never has been a road here . As the road appears on the map it goes
straight down through a ravine , through a gorge , and over a cliff .
It has never been used as a road and would not likely be needed for
that purpose .
The difficulty is whether the Wildlife Preserve will be continued
or whether one half of Grace Avenue will be pushed in and filled
with dirt, which would wipe out the nesting areas and close the
sanctuary.
Mr. Tom Cvar
Page Two
The purpose of this letter is to request that we would be placed on
the agenda before the City Council as soon as possible for approval
for a special revocable use permit issued to Robert F . Steele to
continue the operation and maintenance of the wildlife preserve in
the ravine , including that portion of the pond nesting sites that
are on the property on the furthest North end of Grace Avenue . En-
closed is a photocopy of a recent survey by Adams and Mangini and
their legal description dated April 3 , 1984 which describes that
portion of land for which we are applying for the revocable permit.
I understand that the City is now undergoing some changes in how
such permits are authorized.
Please :
1 . Assist us in expediting the issuance of this permit before
the nesting sites are destroyed .
2 . Forward the new forms , which I understand are now being
processed, to my office at your earliest convenience ; or , if more
convenient to you, I will be happy to meet with you to personally
fill out and place the application .
3 . Please place us on the agenda for the next possible meeting
of the City Council , April 8 , 1985 . If it will be helpful to your-
self or the Council , I will make available whatever witnesses and
information would be required for a work session to discuss uses
and specific needs .
We understand that the City will retain the right for a drainage
easement through Grace Avenue .
Finally, all of the neighborhood with the exception of one , to my
knowledge , are greatly in favor of this beautiful pond and the
efforts of Mr. Steele . We have been offered Quit Claim Deeds or
whatever cooperation might be necessary , from all but one of the
surrounding neighbors .
The plan for the next several years is to continue to protect and
operate the wildlife preserve . The long range plans are to place
all of the property in the preserve , including the majority of it
owned by Mr. Steele , into the Robert F . Steele Wildlife Trust for
conveyance of same to the appropriate party that would continue to
operate this preserve in perpetuity for the benefit of the wildlife
and the public in the City of Pueblo. It is hoped that eventually
this could be tied in with the Nature Trail and the City of Pueblo
Nature Center, such that the public could someday be allowed to view
this beautiful site in such a way that it would not upset the habi-
tat nesting sites . Perhaps at some future date , if funds are avail-
able, a side door from the Nature Trail could take visitors up to
a screened viewing area where the many rare and exotic birds return
to nest.
Mr . Tom Cvar
Page Three
This matter has been reviewed with Mr . Mike Occhiato , Mr . Douglas
Ring, Mr. Ken Hunter, and Mr. Mike Salardino. I was referred to
writing this letter to you by Mr. Thomas Jaggar . Your assistance
in this matter will be greatly appreciated.
Sincerely,
ROBERT E. WEST, P .C .
Robert E. West +--? V
REW:bjm
cc : Mr. Bob Steele