HomeMy WebLinkAbout5015np,703 RECORDED �k r���y? OCT 211952
PUEBLO COUNTY, COLORADO
RESOLUTION NO. 5 015
A RESOLUTION AUTHORIZING THE ISSUANCE OF A
REVOCABLE PERMIT FOR INSTALLATION AND MAIN-
TENANCE OF PRIVATE WATER SERVICE LINES IN
THE PUBLIC RIGHT -OF -WAY IN FRONT OF 1119,
1123, 1125 AND 1127 SUMMIT AVENUE
BOOK 213. PACE 44$
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that:
SECTION 1.
A revocable permit be issued to Mary Pontillo, Howell
Drummond, Frank Javornik and Joe Schneider to install and maintain
private water service lines on the public right -of -way in front of
1119, 1123, 1125 and 1127 Summit Avenue.
SECTION 2.
The revocable permit, hereby granted, may be revoked by
resolution of the City Council at any time hereafter, without notice.
INTRODUCED August 9th ,1982
By
APPROVED:
Mike Salardino
Councilman
Dr. Melvin Takaki, D.D.S.
President of the Council
ATTEST:
Lucy J. Costa
City Clerk
REQUEST FOR TERMINATION,REVOCATION AND CANCELLATION OF PERMIT DATED JULY 30, 1982
Request termination, revocation and cancellation of the permit entered into
on July 30, 1982 by and between the City of Pueblo, a municipal corporation and
Mary Pontillo, Howell Drummond, Frank Javornik and Joe Schneider, hereinafter
referred to as Permitee.
Also request the city to revoke Resolution No. 5015 "a Resolution
authorizing the issuance of a revocable permit for installation and maintenance
of Private Water Lines on the Public Right of Way in front of 1119, 1123, 1125
and 1127 Summit Avenue, Pueblo, Colorado, dated August 3, 1982.
This request is made by Mary Pontillo, owner of1127 Summit Avenue,Pueblo,
Colorado, only, and I request the removal of my name and my property from the
resolution and from the agreement and Revocable Permit for the following
reasons:
1. 1 never requested or desired to use the private water service lines
in the right of way in front of my property, 1127 Summit Avenue., My water
line is installed elsewhere.
2. I was harassed into signing the permit by Mr. Howell Drummond. He
continued to bother me. I was sick and under medication. On July 30 when I
signed the paper, Mr. Drummond contacted me four times, twice by telephone and
twice by person. I had been working at the property until past mid night,
watering and doing other work there. I had taken a prescribed drug to kill
pain in my body. The drug was too strong - too much Codiene. It was so strong
that I became mixed up in my mind. When I tried to read the contract, I could
not understand nor could I see very well and I really do not know what I signed.
I do not remember anything. I had injured my back and leg and was in much
pain, thus the reason for the strong drug given by my doctor. I was in no
condition to make that decision and would rather have been left alone.
The city helped Mr.Drummond get his water; he had no reason to bother a
neighbor. I trusted this neighbor and believed him and did not think he would
do this to me.
3. The other three permitees have completely broken their promiees to me
regarding taking care of my property where necessary.
4. I have never exercised any of the privileges granted in this agreement
of the permit,and as it does not apply to me,and I have never accepted any of the
conditions of the permit. I do not need or want it.
5. I have never received any consideration for the agreement as I never
needed it.
6. I have never used,needed, or wanted the water service lines in question.
7. I do not desire to be liable for any damages that may result from broken
water lines covered by this permit, and desire all water lines removed from my
premises as I do not use them or desire to be liable for them. They are of no
benefit to me or my property.
8. I do not agree to indemnify and hold harmless the city, its agents and
employees from any all all claims,expenses,liabilities, loss,or damage to property
or injury to or death of persons,caused by or arising out of the construction,
reconstruction, reinstallation, maintenance, or use of the land and property
covered by and used in connection with this permit revoked.
9. The permit in paragraph 7 of the Agreement and the Resolution states the
permit may be revoked by resolution of the City Council', for any reason, at any time,
without notice or hearing to permitee. Any agreement that is revoked at any time,
for any reason by one party is also revocable by the otherparty. I, herebv give
notice that I revoke the agreement and resolution and request conformation of the city of
same.
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10. Whereas,I never wanted, needed or used the water service lines, the
other three permitees agreed and gt0aranteed me that they would always,at their
expense,install or reinstall and maintain or remove the water lines, they are
completely liable for any removal or replacement of lines and for restoring the site
to its original preagreement condition, including the cracked curbing.
11 I may desire to sell my property and this permit is a flaw on the title as
the permit,whtch I don't want,is not transferable and is subject to cancellation
if the property is sold. I want it cancelled now.
12. I use this property as a rental. I do not want to ha77e to get prior
written approval of City's Council every time I rent the property.
13. I do not desire to be responsible for compliance with all conditions
of their permit.
14. I have been wronged by my neighbor,the officials of the city and water
Works and I desire this corrected by concellation and revoking of this agreement
and resolution.
Dated this 3 day of March, 1983.
REspectfully Yours,
Mar Pontillo
STATE OF COLORADO
COUNTY OF PUEBLO '
Subscribed and sworn to before me, A Notary Public, in and for the above
named County and State this day of March, 1983 by Mary Pontillo,
My Commission Expires
July 24,1983
Nanette McMurray
Notary Public
1.112 Spruce Street,Pueblo,CO. 81004
0
Box 2131 PACE 449
AGREEMENT FOR REVOCABLE PERMIT
THIS AGREEMENT made this 0 - day of July , 198 ,
by and between the CITY OF PUEBLO, a Municipal Corporation,
hereinafter referred to as "CITY," and Mary Pontillo, Howell
Drummond, Frank Javornik and Joe Schneider
hereinafter referred to as " PERMITTEE."
W I T N E S S E T H:
WHEREAS, the City Council is authorized pursuant to Section
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 exercise
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 private water service lines in right -of -way
the following described street or public way situated in the City
of Pueblo, County of Pueblo, State of Colorado:
in front of 1119, 1123, 1125 and 1127 Summitt Avenue,
Pueblo, Colorado
2. PERMITTEE acknowledges and agrees that in no event will
(s)he 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 resolu-
tions, ordinances, and regulations of the CITY and all federal,
state and county laws and regulations that are applicable 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 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 protecting
from damage the land and property covered by and used in connection
with this permit.
6. PERMITTEE agrees to indemnify and hold harmless the CITY,
its agents and employees, from any and all claims, expenses, liabil-
ities, loss, or damage to property or injury to or death of persons,
caused by or arising out of the construction, reconstruction,
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 cancellation
of this permit, PERMITTEE shall, within 30 days, at his sole ex-
pense, remove all structures and improvements, except those owned
by the CITY, and shall restore the site to its original preagreement
a ooK 2131 PAGE 450
condition unless otherwise specified in writing or in this permit.
If PERMITTEE fails to remove all structures or improvements 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 contract,
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 ability 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
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 Agreement
to be duly approved and executed as of the date first written
above.
STATE OF COLORADO )
ss.
COUNTY OF PUEBLO )
.PERMITTEE
B
Subscribed and sworn to before me this 30th day of July ,
198 2 , by Howell Drummond, Joseph Schneider, Frank Javornik & Mary Pontillo
My 'goft�lission expires:
.N .
3 -18 -85
otary Public
CITY OF PUEBLO
BY t L C1�u ��. -�-, " � l
Pr�S'icent of the Council
ATTEST'
Ci -ty -; Cl L9K`-
V' APPROVED AS TO FORM:
City Attorne
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