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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 � f 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 • • c--7=7,77.=-.%7;;: %7 Notary Pub is CITY OF PUEB 0 ' ///7-- , 2 By 7z/,/ fireside t of the Council ATTEST: <tyea l 'IL/ftilL APPROVED AS TO FORM: 44, C ' t' Attorney 5 T 't-q R��Acz / -. r. • t..]/i=.1-..1 -.1-.%C-- C �, f, / ,III\ , I 1 I 5l0.5' il.. 4 .- W r __ N 0 W •5 Q 4�� \'vi TPUP ES 1�/ - \L H1�-L ,i \k, \ \\ a, n • • \ �3 '' \. N 4 _ 0 '°` _.1a 1 \\,\ •.,„ 1 �� \ \ -, ,..., i. 3 �, • - • \ . . .---- \ , - .'• q \ f(-)C.I ''?< . \ :t . • G• �� - . -. -. _ -- -T\ . -- ''fJ._ I \\:\G \�/1 ;) , , i • \__..\ � I • W ' i v • • QI• -4, ti -- . l', ` dip `� 0. A SWCCct.. hJ� R�vERv��v. t / SUSDI'I%s,oJ 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