HomeMy WebLinkAbout14367RESOLUTION NO. 14367
A RESOLUTION AUTHORIZING THE ISSUANCE OF A
REVOCABLE PERMIT TO PUEBLO PROPERTY MANAGEMENT
FOR USE OF THE 25TH STREET RIGHT-OF-WAY FOR THE
INSTALLATION OF A PRIVATE 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 Pueblo Property
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Management at 2428 3 Avenue for the installation of a private sanitary sewer service line within
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the West 25 Street Right-of-Way.
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.
The City Clerk is directed to cause said Revocable Permit to be forthwith recorded in the
office of the Pueblo County Clerk and Recorder.
SECTION 5.
This Resolution shall become effective immediately upon passage and approval.
INTRODUCED February 24, 2020
BY: Ed Brown
MEMBER OF CITY COUNCIL
APPROVED:
PRESIDENT OF CITY COUNCIL
ATTESTED BY:
CITY CLERK
City Clerk’s Office Item # M-5
Background Paper for Proposed
Resolution
COUNCIL MEETING DATE: February 24, 2020
TO: President Dennis E. Flores and Members of City Council
CC: Nicholas A. Gradisar, Mayor
VIA: Brenda Armijo, City Clerk
FROM: Sam Vigil, P.E., Director of Public Works
SUBJECT: A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT
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TO PUEBLO PROPERTY MANAGEMENT FOR USE OF THE 25 STREET
RIGHT-OF-WAY FOR THE INSTALLATION OF A PRIVATE SANITARY SEWER
SERVICE LINE
SUMMARY:
Attached is an application for a revocable permit submitted by Pueblo Property Management.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
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The property at 2428 3 Avenue is currently connected to the sanitary sewer main in the alley
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right-of-way between 3 Avenue and 2 Avenue. The sewer service line runs under the adjacent
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property at 814 West 25 Street and has failed, causing sewage to run into the basement of 814
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West 25 Street. The current sewer service line is unable to be repaired and must now be
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redirected; from 2428 3 Avenue, south to the West 25 street right-of-way, then west to the
sanitary sewer main in the alley right-of-way.
FINANCIAL IMPLICATIONS:
None.
BOARD/COMMISSION RECOMMENDATION:
The Revocable Permit Review Committee recommends approval.
STAKEHOLDER PROCESS:
None.
ALTERNATIVES:
Denying the Resolution will prevent the homeowner to be able to connect the home to the sanitary
sewer main and the property will be unlivable.
RECOMMENDATION:
Approval of the Resolution.
Attachments: Revocable Permit, Letter of Intent, Construction Plan, Excavation Permit
re; Resolution 14367
Reception 2171261
03/05/2020 03:27:02 PM
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: Steve DeGenhart Pueblo Property Management,
503 N.Main Street,STE 720,Pueblo, CO 81003
2. Permitted Area: 25th Street ROW between 3rd Ave and Alley way between 3rd& 2"d Avenue
3. Purpose of Revocable Permit: To install private sanitary sewer line
4. Authorized improvements: Private sanitary sewer line
5. Commencement Date: February 24 2020 Time: N/A
6. Ending Date: Indefinite Time: N/A
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,including the private sanitary sewer line,as authorized to be placed in the Permitted Area by Permittee(the
"improvements")shall be constructed,installed,and maintained by Pemiittee in compliance with all applicable codes,ordinances,
rules and regulations of City, this Permit and applicable law. Permittee expressly acknowledges and shall comply with all
obligations it may have under Article 1.5 of Title 9 of the Colorado Revised Statutes,and the City shall have no obligations with
respect to notification of the existence of the improvements with respect to any excavation conducted in or around the Permitted
Area or otherwise. Consistent with and in further clarification of paragraph(1).Permittee expressly acknowledges and agrees that
City shall have no responsibility or liability for any damage or injuries to the Improvements resulting from any excavation
conducted in or around the Permitted Area whether done by the City,its officers,employees,agents or unrelated third party.
(c) Reserved.
(d) Reserved.
(el 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 Pernittee's Improvements, and City may, at
Permittee's expense. remove and dispose of Pernittee'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.
(t) 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.
(i) Reserved.
Underground encroachments(2/13/20).
2171261 03/05/2020 03:27:02 PM
Page: 2 of 2 R 18.00 D 0.00 T 18.00
Gilbert Ortiz Clerk/Recorder, Pueblo County, Co
11111 I iIL111I0'I0,l 1tµt11WOMI"i H Itiaiii 11111
(j) Trees, landscaping and shrubbery within or adjacent to the Permitted Area shall he 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 I above.
(ii) If to City, I City Hall Place,Pueblo,Colorado,81003.Attention Revocable Permit Re%iew Committee.
Each party reserves the right to change its address provided notice of such change is given in accordance with this paragraph(k).
(I) 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 Pemmittee'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 Permittee,(iv)automatic revocation as provided in above paragraph(h);or(v)revocation or termination of this Permit
by resolution of the City Council of City.The termination of this Permit shall not relieve Permittee from Per mittee's obligations
under paragraph(f)until the Authorized Improvements have been removed by Permittee in compliance with paragraph(e).
(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 /1/4"f4" day ofi —J, ,— , L0 Z v
PERMITTEE:
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By: —5-7A---TX ,P6',6,----- ----
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Title:
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Title: (.../ ,-(e-&-.7' .._
STATE OF COLORADO )
COUNTY OF PUEBLO )ss
The�regoinstr ent was acknowledged before me the ( day of C e�,{ -y
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CHRISTINE M. MEDINA Notary Public
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 201940384.47 APPROVED this R L day ofF:oie.4.07 20•74?
My Commission Expires October 7,2023
PUEBLO,a Municipal Corporation
'
By
Nicholas A. Gradisar, Mayor Underground encroachments(2/13/20).
TORRES-GARCIA EXCAVATING LLC
19 Starling Drives Pueblo, Colorado 81005
Phone 719-564-1876 • Fax 719-564-3600
LETTER OF INTENT
City of Pueblo
To whom it may concern,
Please allow this letter to act as an explanation for the sole propose to obtain an
emergency revolkable permit for the property located at 2428 3rd Av. Pueblo, CO
Currently this property is "landlocked" away from the alley where the closest City of
Pueblo Sewer main is located, hence, the sewer service line currently runs under the
property located at 814 W. 25th Street (please see drawing), when sewer problems occur
(Blockage from a break in the line) sewer affluent runs into the adjacent property
basement. This revolkable permit will allow us to redirect the sewer line into 25th street
then east to the City of Pueblo sewer main where we will install a new tap.
If you Have any questions, please call me 719-778-8785
Best regards,
Torres-Garcia Excavating Ilc
Mi arcia
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""'"ws Regional Building Department
030 N Mein St Suite 100
' ' Pueblo CO 81003
.i 719-543.0002 Fax 719-543-0062
www.prbd.com
Reprint
Date : 12/20/19 Docket : Permit : 1919218
PLUMBING PERMIT
CONTACT INFORMATION WORK DONE
Job Address : 2428 3RD AVE . 002 Plumbing New
Pueblo, CO 81003 SEWER CONNECTION 1 0
Owner: ADAMS
Contractor : TORRES-GARCIA EXCAVATING LLC
19 STARLING DR.
PUEBLO, CO 81005
ID: 0004223
Phone: 719-564-1876
Square Footage: 0 Fee : $55 . 13
Valuation: 0 Plan Review: $0 . 00
Issued By: JAB Total : $55 . 13
CK - $55 . 13 - #10296
- $0 . 00
- $0 . 00
This Permit will become null and void after 180 days , unless a final
inspection has been approved or unless inspections have been continually
performed by the Pueblo Regional Building Department every 180 days . Upon
expiration, additional fees may be assessed to enable further inspections and
to allow the permitted work to legally continue .
Failure to obtain a final inspection may result in action by the duly
appointed Board of Appeals or appropriate legal action.
No building or structure shall be occupied until a Certificate of Occupancy
has been issued where required.
I acknowledge, as contractor or homeowner-occupant, I shall do all the work
on the above permit myself and as permit holder I am responsible for all work
done under this permit and for compliance with all codes, statutes,
ordinances, rules, and regulations . I have received a copy of all construction
documents and will ensure they are on the job site .
You must contact the appropriate utility company for any additional
requirements that may be more stringent.
I hereby acknowledge I have read and understand the forgoing document, and
agree to comply with its terms .
Signature of Applicant :
N2 39916
Excavation Permit
Date: 0 2 1031 ZO2c;
TO:Public Works, Street Division,City of Pueblo
Contractor ��____ _ _ GA126.iEXC.
Excavator License No. ! 42Z, Bond No. i2 L l 0531 i 35
Contact Person: M. c 74S$LGIA Contact Phone ( 7 19) 1 8765
hereby apply to excavate at the followiw location:
Address: 2.4z& 3"• • v-
Purpose of Excavation Permit:
Asphalt Street/Alley 0 Gas 0 Water 'Sanitary Sewer 0 Telephone
0 Graveltreet/Alley Cable ❑ El ctrical ❑ Storm Sewer Li Fiber Optic
Issue Date: &2103) G120 Completion Date: '2 .2 k 1 Permit Expiration Date: 60 Days from Issue date
The Contractor agrees that all excavations made in any street, alley, sidewalk or other public way or place shall be made in
accordance with the requirements of all Federal and State labor laws and Chapter 6, Title XII of the 1971 Code of
Ordinances and specifications adopted pursuant thereto together with any additional instructions or directions of
the Director of Public Works, or his/her authorized representatives. The Contractor further agrees to provide and
maintain barricades and warning lights, until resurfacing or excavation is complete. The Contractor shall comply
with all requirements set forth in the City's MS4 permit requiring BMPs (Best Management Practices) to reduce
Stormwater pollution.
The following bonds have been posted: Performance bond in compliance with Ordinance 12-6-10 in effect on the date of
this application and Public Liability Bond inmpliance with Ordinance 12-6-11 of the 1971 Code of Ordinances, in effect
on the date of this application. Bond NO. V 1 1653 1135—
All cuts shall be open cuts; no tunnels or under cutting shall be made without written consent of the Director of Public
Works. All costs for resurfacing areas of the excavation shall be paid by the Contractor and are subject to inspection and
approval by the Public Works Department. The Contractor to whom this permit is issued shall pay impact fees outlined in
12-6-4.1 of the 1971 Code of Ordinances.
Fifteen (15) sets of construction plans must be submitted to the Director of Public works not less than 30 days prior
to installation of Underground Telecommunication System. Plans must show detailed location of planned underground
facilities and existing underground utilities.
Attached is a plan showing the exact location, depth, extent and nature of the excavation together with the location of all
existing underground utilities within a radius of ten (10) feet of the proposed excavation. Contractor shall obtain an
Excavation Permit prior to any excavation and shall call 719-553-2319 to notify Inspector upon completion for inspection
purposes. Emergency excavations will b- .n exception. Compaction test for backfill may be performed by the City.
Signature of Applicant Firm Address 19 STA .0 K, 6 Dri_
Staff Appr Resurfacing Pueblo,A MUNICIPAL CORPORATION
PERMIT
Utility Approval Signatb - Date Contractor:
Issued By:
Storm Sewer / Size of Patch: Fee Paid$
Sanitary Sewer / Impact Fees: Or to be billed$
SSCF Receipt No. Date Patching RECEIPT No.
Completed:
Engineering /
Telecommunication Only Inspector: Date:
Streets and Alley / Date of Final
Inspection:
White-Inspector Yellow-Customer Pink-Office
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