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Home My WebLink About14554RESOLUTION NO. 14554 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO PAUL KRUEGER FOR THE USE OF THE LAMBERT AVENUE RIGHT-OF-WAY BETWEEN WEST TH 19TH AND WEST 20 STREETS FOR THE PURPOSE OF INSTALLING PRIVATE SANITARY SEWER LINES AT 1915 LAMBERT AVENUE BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The attached Revocable Permit is authorized to be issued to Paul Krueger for the use of thth the Lambert Avenue right-of-way between West 19 Street and West 20 Street for installation of sanitary sewer lines. 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 authorized to perform any and all acts consistent with this Resolution to implement 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 8, 2021 BY: Ed Brown MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: CITY CLERK City Clerk’s Office Item # M-4 Background Paper for Proposed Resolution COUNCIL MEETING DATE: February 8, 2021 TO: President Lawrence W. Atencio and Members of City Council CC: Nicholas A. Gradisar, Mayor VIA: Brenda Armijo, City Clerk FROM: Steven Meier, Acting Director of Public Works SUBJECT: A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO PAUL KRUEGER FOR THE USE OF THE LAMBERT AVENUE RIGHT-OF- TH WAY BETWEEN WEST 19TH AND WEST 20 STREETS FOR THE PURPOSE OF INSTALLING PRIVATE SANITARY SEWER LINES AT 1915 LAMBERT AVENUE SUMMARY: Attached is an application for a revocable permit submitted by Paul Krueger. PREVIOUS COUNCIL ACTION: N/A BACKGROUND: Paul Krueger, has requested to use the Lambert Avenue right-of-way between West 19th Street th and West 20 Street to install private sanitary sewer lines at 1915 Lambert Avenue. FINANCIAL IMPLICATIONS: None. BOARD/COMMISSION RECOMMENDATION: The Revocable Permit Review Committee recommends approval. STAKEHOLDER PROCESS: None. ALTERNATIVES: Denying the Resolution will prevent the installation of sanitary sewer lines. RECOMMENDATION: Approval of the Resolution. Attachments: Revocable Permit Application Packet r : Resolution 14554 2218341 03/23/2021 04:08:53 PM Page: 1 of 5 R 33 00 D 0.00 T 33.00 Gilbert Cr )?t . Clerk/Recorcer, P.eblc County Co ii Elrif fi I SRIVth'U,Prr4 h yo 114141"1 I! 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: I. Name,Address and Telephone Number of Permittee: Pout_ KRuccAe IBIS LAMBERT'At* Put8t.oi $los3 2, Permitted Arca:CA/MdEi?r Ave-NtrE'ri.tew /firm a► Zerw/ 71 q 269 68s$ / 3. Purpose of Revocable Permit: To install private sanitary sewer line 4. Authorized Improvements: Private sanitary sewer line 5. Commencement Date: V6/202./ Time: 7.'Go grit 6. Ending Date: 1/6/2,02-/ Time: S:cot. Prtti. 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 he made before the time of the Commencement Date. tb) All structures,including the private sanitary sewer line,as authorized to he 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, 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(I),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. (dl Reserved. (c) 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 Perm ittee'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. (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 he automatically revoked. (if Reserved. Underground encroachments(2/13'20). 2218341 03/23/2021 04:08:53 PM Page; 2 of 5 R 33.00 D 0.00 T 33.00 Gilbert Ortiz Clerk/Rec:.rder Pueblo County C='1 1111 10.)114741:01141+.11.1 1+.11t It, iii Kuhl IACO tI O.,41 Iii, 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 he 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 Ilan 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). (I) ("ity reserves and is hereby granted by Permittee access to, under and through the Permitted Area for any and all purposes. ('ity oras injure. damage or rcnune any and all I'curtittec's Improvements in the Permitted Area in exercising the right o1•access hereby reserved and granters. Permittee assume; the risk of injury, loss and damage to Permittee's Improvements within the Permitted area.and Cit ;hall Mot:no responsibility or liability fuer any damage or injuries thereto,whatsoever the cause,including, hal not limited to.the act;lir omissiunh,ot( ity. its officer..employees,or agents. On) 1 hi;Permit shall terminate upon the occurrence of any one of the t011owing events: (i)the Time of the Ending Date,(ii) ubandoument or tion-use by Permittee for a period of three(3)consecutive months,(iii)surrender or cancellation of the Permit in writing by Permittee. I is t automatic res oranon as provided in above paragraph(h);or(v)revocation or termination of this Permit by resolution of the('ity t'outwil of('in. the termination of this Permit shall not relieve Permittee from Pernittee's obligations under paragraph(fl until the \ulhoriied Improvements have been removed by I'ennittee in compliance with paragraph(e). (ri) I'(rnrittee ao..;,ons lckl es and igrees that this Permit i,temporary and subject to resocation or termination by resolution of the City t'ouncil of "ity. in ii:;ole ch,cretion,user any reason or no reason,at auntime,without liability to City,and without notice hi or hearing by l'et gree I'_raniucc cr.aices an) ;till ill right or claim to such notice,hearing,and liability of the City. Signed in Pueblo,Colorado this ii /2I day of 5 20 Z.1 PERM fI'I'P ,• J,// Organ' : 4vi- KR��+ 13y: I it le: 5IA11:01' (:OIORA1)() I h COI i1YO 1'lil lil.(1 1''. I he foregoing instrument was acknowledged Mitre me the 11 , day of 30,0UC,`(' ,20 Dl by (1Ad., GA(CtU as Nva ar --PL.\}Jt � My commission expires: Ayl l(_) 1 ovr , Isl;.nl. I ''RI.A.C-l.rICA..:L g C4--j\--e-' .7t.-%, Notary Public BRANDI LYNN GARCIA NOTARY PUBLIC .a STATE OF COLORADO APPR( V11)this 9 day or ,20 91. NOTARY ID 20204027460 Pt I I';f31.(),a Municipal Corporation MYCOMMISSION EXPIRE AUGUST 10 2024 • fly, re.0.44,40:7. Nicholas A. rradisar, Mayor I'ncfcr,eruund encroachments(2/13/20). HYDE PARK GARDENS,A SPECIAL AREA PIAN IR 7 ZONE Oal'1R T) na Li TV t. rt i zt weoausr ;} 6i CR I2[SNE asrmcn yy� 4 • fix. i 14 ifs Lillhi . 1.,",7,,,i' 0R2 ZONE DISTRICT) y'+ RECEPTION NO.471162 r's`;. �fr mss' w awry irNe..,o,eerw.u�xas I M .*:, a . v.,,, ,,,,,L �x 4 City Sewer Main �, PlOprald o depth 8' t q t ram,.. m uioBdoRa+�o YJy ,a.nrt Nm eaeuir 111 7 li tt It ;(;,. ----�� VISE YAW �„- � . ONESMI NNW .110•00110.1.1.11 A ) 7 `I Private Sanitary Sewer W W W W W W M- W ... W W W Ai W leti IMOMWilf Ot ru LAMBERT AVENUE MT, ti 2218341 03/23/2021 04:08:53 PM Page: 3 of 5 R 33.00 D 0.00 T 33.00 Gilbert Ortiz Cierk/Recorder Pueblo Courts Co VIII 1,1104/14,1110,111WORWACht,F,li 1104 Ilyi 111111 2218341 02/23/2021 04:08:53 PM Page: 5 of 5 R 33 00 D 0.00 T 33 00 Gilbert Ortiz ClerkiPeorde, Pueblo Count . C3 ailkireourowomiilwaufvmoWitillii Letter of Intent G'day, I request to gain access to Lambert Ave on behalf of my licensed excavator CDK for the purpose of installing a private sanitary sewer line. In order to reach the nearest city sewer main we need to access the public right of way for 100' parallel with the flow of traffic in the southbound lane between 20th and 19th street, 1/7/21 Paul Krueger 719-289-6838 E ' W r-P '-'7iF " - ' -, , , , .. . • , , . .. . .. ., . , :.,..,, .. „, , 0 a-0.a ' �� ,gyp. " � �^r:k..,yy.,�,,,,�• _ .41Q� g P^ hr �.+# l :� '. . .. -�1'.r. '...t a 4 € r ' ,off( ,:: t'`.� nv • h qa ' .w , ' '.. ,4 -�4' r 1 _ - "c'°� ; , a' + ' i j V It 5 ;`�nY ygy!��j` ; us p" .. �ea m — it.-' ,. . ,,,, .,4, • 4. .,:•• .— i . ...... '4 CO 0, a a r tal t 9 — ,�e s .! .A ♦ `� a �' F ^! , '➢ IS�o� g 4,, f i /I`is .,11- i n 11 co 0 � " .,i '1IP41 ` F., it a � ` 41.`•� � , y ` + , . ti. . .. �., ,t:,,,,,,.. ra r' ® �,. � �� tr,„fir .... � . � � . . .,�,,� .— r�• ' s r , . 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