Resolution No. 36-94 (Word Version)

RESOLUTION NO. 36-94

CONCERNING THE ISSUANCE OF A REVOCABLE PERMIT TO

HARLEY NELSON

WHEREAS, Harley Nelson represents that he is the owner of the real property located at 359 Colorado Avenue in Grand Junction which is described as Lots 14, 15 and 16 in Block 124 of the Original Plat of the City of Grand Junction, and has petitioned the City Council of the City of Grand Junction for a Revocable Permit to allow the installation of handicap ramps and an overhead canopy in the following described public right-of-way for Colorado Avenue:

Commencing at the Northeast Corner of Lot 16, Block 124 of the Original Plat of the City of Grand Junction; thence South along the East Line of said Block 16 a distance of 24.0 feet to the Point of Beginning; thence East a distance of 8.0 feet; thence South a distance of 31.0 feet; thence West a distance of 8.0 feet; thence North a distance of 31.0 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 purposes 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 4th day of May, 1994.

Attest:

/s/ Stephanie Nye /s/ R.T. Mantlo

City Clerk President of the Council

REVOCABLE PERMIT

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 Harley Nelson 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.

2. The Petitioner, for himself and for his heirs, successors and assigns, agrees that he 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 right-of-way or the installation, operation, maintenance and repair of street improvements and utilities by the City of Grand Junction or any other public utility.

3. 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 right-of-way and, at his 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.

4. The Petitioner, for himself and for his heirs, successors and assigns, agrees that he shall be solely responsible for maintaining and repairing the condition of said right-of-way and all improvements installed by the Petitioner.

5. 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 __________________, 1994.

Attest:

/s/ Stephanie Nye /s/ Mark K. Achen

City Clerk City Manager

Acceptance:

_____________________________________

Harley Nelson

AGREEMENT

Harley Nelson, for himself and for his heirs, 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 (30) days of revocation of said Permit, peaceably surrender said public right-of-way to the City and, at his 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 __________________, 1994.

_____________________________________

Harley Nelson

STATE OF COLORADO )

)ss.

COUNTY OF MESA )

The foregoing Agreement was acknowledged before me this ______ day of _________________________, 1994, by Harley Nelson.

Witness my hand and official seal.

My commission expires: __________________

_____________________________________

Notary Public