RESOLUTION NO. 12-93
CONCERNING THE ISSUANCE OF A REVOCABLE PERMIT
TO W. R. BRAY AND JEAN L. BRAY
WHEREAS, W. R. Bray and Jean L. Bray, who represent that they are the owners of Lots 15, 16, 17 and 19 of Block 6 of the City of Grand Junction, have petitioned the City Council of the City of Grand Junction for a Revocable Permit to allow the use of the following described public right-of-way for the installation of landscape improvements:
That portion of the public right-of-way for North 7th Street located in the parkway between the curb and sidewalk and behind the sidewalk adjacent to the east of the above described real property; and
WHEREAS, the City Council of the City of Grand Junction has determined that such action would not at this time be detrimental to the inhabitants of the City of Grand Junction.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GRAND JUNCTION, COLORADO:
That the City Manager, on behalf of the City and as the act of the City, is hereby authorized and directed to grant the attached Revocable Permit to the above named Petitioners for the purpose aforedescribed and within the public right-of-way aforedescribed, subject to each and every term and condition contained in the attached Revocable Permit.
PASSED and ADOPTED this 17th day of February, 1993.
Attest:
_______________________________ ________________________________
City Clerk President of the Council
REVOCABLE PERMIT
WHEREAS, W. R. Bray and Jean L. Bray, who represent that they are the owners of Lots 15, 16, 17 and 19 of Block 6 of the City of Grand Junction, have petitioned the City Council of the City of Grand Junction for a Revocable Permit to allow the use of the following described public right-of-way for the installation of landscape improvements:
That portion of the public right-of-way for North 7th Street located in the parkway between the curb and sidewalk and behind the sidewalk adjacent to the east of the above described real property; and
WHEREAS, the City Council of the City of Grand Junction has determined that such action would not at this time be detrimental to the inhabitants of the City of Grand Junction.
NOW, THEREFORE, IN ACCORDANCE WITH THE ACTION OF THE CITY COUNCIL OF THE CITY OF GRAND JUNCTION, COLORADO:
There is hereby granted to W. R. Bray and Jean L. Bray a Revocable Permit for the purpose aforedescribed and within the public right-of-way aforedescribed; provided, however, that the issuance of this Revocable Permit shall be conditioned upon the following terms and conditions:
1. The City, on behalf of itself and all other Public Utilities, hereby reserves and retains the right to utilize the aforementioned public right-of-way for the installation, operation, maintenance and repair of existing and future utilities, including the right of ingress and egress over, under, through and across said right-of-way. The Petitioners, for themselves and for their heirs, successors and assigns, agrees that they will not hold, nor attempt to hold, the City or any other Public Utility liable for any damages caused to improvements installed by the Petitioners, or any other property of the Petitioners or any other person, as a result of the City or any other Public Utility's installation, operation, maintenance and repair of existing and future utilities situated within the aforedescribed right-of-way.
2. This Revocable Permit shall be issued only upon the concurrent execution by the Petitioners of an agreement that the Petitioners will save and hold the City, its officers, employees and agents harmless from, and indemnify the City, its officers, employees and agents, any claim or cause of action however stated arising out of the encroachment and use granted, and that upon revocation of this Permit by the City the Petitioners will, within thirty (30) days of notice of revocation, peaceably surrender said right-of-way to the City and, at their own expense, remove any encroachment so as to restore the right-of-way to its original condition, or better.
3. The Petitioners, for themselves and for their heirs, successors and assigns, agree that they shall be solely responsible for maintaining and repairing the condition of the aforedescribed right-of-way, including any improvements installed by the Petitioners, should the same become damaged or destroyed as a result of the installation, operation, maintenance and repair of existing and future utilities situated within said right-of-way.
4. This Revocable Permit, the foregoing Resolution, and the following Agreement shall be recorded by the Petitioner in the office of the Mesa County Clerk and Recorder.
Dated this _____ day of ________________, 1993.
Attest
_______________________________ ________________________________
City Clerk City Manager
Acceptance:
_______________________________ ________________________________
W. R. Bray Jean L. Bray
AGREEMENT
W. R. Bray and Jean L. Bray, for themselves and for their heirs, successors and assigns, do hereby agree to: Abide by each and every term and condition contained in the foregoing Permit: Indemnify the City of Grand Junction, its officers, employees and agents and hold the City of Grand Junction, its officers, employees and agents harmless from all claims and causes of action as recited in said Permit; Within thirty (30) day of revocation of said Permit, peaceably surrender said public right-of-way to the City and, at their own expense, remove any encroachment so as to restore the right-of-way to its original condition, or better.
DATED this _____ day of ________________, 1993.
________________________________ _______________________________
W. R. Bray Jean L. Bray
STATE OF COLORADO )
)ss.
COUNTY OF MESA )
The foregoing Agreement was acknowledged before me this ____ day of _______________, 1993, by W. R. Bray and Jean L. Bray.
Witness my hand and official seal.
My Commission expires: ____________________
___________________________
Notary Public