RESOLUTION NO. 66-93
CONCERNING THE ISSUANCE OF A REVOCABLE PERMIT TO
K & K INCORPORATED, A COLORADO CORPORATION
WHEREAS, K & K Incorporated, a Colorado corporation, represents that it is the owner of the real property located at 1105 North 1st Street in Grand Junction and has petitioned the City Council of the City of Grand Junction for a Revocable Permit to allow the placement and use of a lighting standard and for parking purposes in the following described public right-of-way for North 1st Street:
Beginning at a point which is the intersection of the North boundary line of the right-of- way for U.S. Highways 6 & 50 and the West boundary line of the right-of-way for North First Street in the SE¼ SE¼ SE¼ of Section 10, Township 1 South, Range 1 West of the Ute Meridian; thence North along the said West boundary line of the right-of-way for North First Street a distance of 100.0 feet; thence East a distance of 10.0 feet; thence South, parallel with the West boundary line of the right-of-way for North First Street a distance of 100.0 feet; thence West a distance of 10.0 feet to the Point of Beginning; and
WHEREAS, the City Council 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 Petitioner 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 6th day of October, 1993.
Attest:
_____________________________________ _____________________________________
City Clerk President of the Council
REVOCABLE PERMIT
WHEREAS, K & K Incorporated, a Colorado corporation, represents that it is the owner of the real property located at 1105 North 1st Street in Grand Junction and has petitioned the City Council of the City of Grand Junction for a Revocable Permit to allow the placement and use of a lighting standard and for parking purposes in the following described public right-of-way for North 1st Street:
Beginning at a point which is the intersection of the North boundary line of the right-of- way for U.S. Highways 6 & 50 and the West boundary line of the right-of-way for North First Street in the SE¼ SE¼ SE¼ of Section 10, Township 1 South, Range 1 West of the Ute Meridian; thence North along the said West boundary line of the right-of-way for North First Street a distance of 100.0 feet; thence East a distance of 10.0 feet; thence South, parallel with the West boundary line of the right-of-way for North First Street a distance of 100.0 feet; thence West a distance of 10.0 feet to the Point of Beginning; 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 K & K Incorporated, a Colorado corporation, a Revocable Permit for the purposes 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 a perpetual right to utilize the aforedescribed public right-of-way for the installation, operation, maintenance and repair of existing and future street improvements and utilities, including the right of ingress and egress on, along, over, under, through and across said right-of-way. The City further reserves and retains the right to revoke this permit at any time and for any reason. The Petitioner, for itself and for its successors and assigns, agrees that it will not hold, nor attempt to hold, the City of Grand Junction, its officers, employees and agents or any other public utility liable for damages caused to the improvements situated within said right-of-way, or any other property of the Petitioner or any other party, as a result of the Petitioner's occupancy and use of said rights-of-ways or the operation, maintenance and repair of street improvements and utilities by the City of Grand Junction or any other public utility.
2. This Revocable Permit shall be issued only upon the concurrent execution by the Petitioner of an agreement that the Petitioner will save and hold the City of Grand Junction, 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 Petitioner will, within thirty (30) days of notice of revocation, peaceably surrender said rights-of-ways and, at its own expense, remove any encroachment so as to make the rights-of-ways available for use by the City of Grand Junction or any other public utility.
3. The Petitioner, for itself and for its heirs, successors and assigns, agrees that it shall be solely responsible for maintaining and repairing the condition of said right-of-way and all other future improvements installed by the Petitioner.
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: Attest:
_____________________________________ _____________________________________
K.G. Kofford, President Florence Kofford, Secretary
AGREEMENT
K & K Incorporated, a Colorado corporation, for itself and for its successors and assigns, does hereby agree to: Abide by each and every term and condition contained in the foregoing Revocable 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 days (30) days of revocation of said Permit, peaceably surrender said public rights-of-ways to the City and, at its own expense, remove any encroachment so as to make the right-of-way available for use by the City of Grand Junction or any other public utility.
Dated this ______ day of __________________, 1993.
K & K Company,
a Colorado corporation Attest:
_____________________________________ _____________________________________
K.G. Kofford, President Florence Kofford, Secretary
STATE OF COLORADO )
)ss.
COUNTY OF MESA )
The foregoing Agreement was acknowledged before me this ______ day of __________________, 1993, by K.G. Kofford as President and Florence Kofford as Secretary of K & K Incorporated, a Colorado corporation.
Witness my hand and official seal.
My commission expires: __________________
_____________________________________
Notary Public