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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. -1- 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 -2-