Resolution No. 52-94 (Word Version)

RESOLUTION NO. 52-94

CONCERNING THE ISSUANCE OF A REVOCABLE PERMIT

TO THE LOWE DEVELOPMENT CORPORATION

WHEREAS, the Lowe Development Corporation, a California corporation, has petitioned the City Council of the City of Grand Junction for a Revocable Permit to allow the installation of landscape improvements in the following described public rights-of-ways for Greenbelt Drive and South Rim Drive and the City of Grand Junction:

Parcel No. 1: Commencing at the Southwest corner of Tract B in Block 1 of South Rim on the Redlands Filing No. 1 situated in the SW¼ of Section 8, Township 1 South, Range 1 West of the Ute Meridian, City of Grand Junction, County of Mesa, State of Colorado, with all bearings contained herein being relative to the recorded plat of said subdivision; thence S 89°58'09" E along the South line of said Tract B a distance of 19.33 feet to the True Point of Beginning; thence S 89°58'09" E along the South line of said Tract B a distance of 0.67 feet; thence S 00°00'00" E a distance of 3.54 feet; thence N 86°53'04" W a distance of 65.91 feet; thence S 90°00'00" W a distance of 34.11 feet; thence N 00°00'00" E a distance of 3.50 feet; thence N 90°00'00" E a distance of 34.20 feet; thence S 86°53'04" E a distance of 65.15 feet to the True Point of Beginning.

Parcel No. 2: Commencing at the Northwest corner of Tract A in Block 2 of South Rim on the Redlands Filing No. 1 situated in the SW¼ of Section 8, Township 1 South, Range 1 West of the Ute Meridian, City of Grand Junction, County of Mesa, State of Colorado, with all bearings contained herein being relative to the recorded plat of said subdivision; thence S 89°58'09" E along the North line of said Tract A a distance of 10.97 feet to the True Point of Beginning; thence N 82°12'00" W a distance of 40.58 feet; thence N 00°00'00" E a distance of 3.53 feet; thence S 82°12'00" E a distance of 40.75 feet; thence S 89°58'07" E a distance of 0.86 feet; thence S 00°00'00" E a distance of 3.51 feet to a point on the North line of said Tract A; thence N 89°58'09" W a distance of 1.03 feet to the True 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 rights-of-ways aforedescribed, subject to each and every term and condition contained in the attached Revocable Permit.

PASSED and ADOPTED this 15th day of June, 1994.

/s/ R.T. Mantlo

President of the Council

ATTEST:

/s/ Stephanie Nye

City Clerk

REVOCABLE PERMIT

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 the Lowe Development Corporation, a California corporation, a Revocable Permit for the purpose aforedescribed and within the public rights-of-ways 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 rights-of-ways for the installation, operation, maintenance and repair of future street improvements and utilities, including the right of ingress and egress on, along, over, under, through and across said public rights-of-ways. The City further reserves and retains the right to revoke this Permit at any time and for any reason.

2. 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 rights-of-ways, 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 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 the Permit by the City, the Petitioner will, within thirty (30) days notice of revocation, peaceably surrender said rights-of-ways and, at its own expense, remove any encroachment so as to make said rights-of-ways available for use by the City of Grand Junction or any other public utility.

4. The Petitioner, for itself and for its successors and assigns, agrees that it shall be solely responsible for maintaining and repairing the condition of said rights-of-ways and all improvements installed thereon 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.

_____________________________________ ____________________________________

City Clerk City Manager

Acceptance:

___________________________________

David G. Behrhorst, Vice President

AGREEMENT

The Lowe Development Corporation, a California 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 (30) days of notice of revocation of said Permit, peaceably surrender said rights-of-ways to the City and, at its own expense, remove any encroachment so as to make said rights-of-ways available for use by the City of Grand Junction or any other public utility.

Dated this ______ day of __________________, 1994.

____________________________________

Lowe Development Corporation

a California corporation

By: David G. Behrhorst

Vice President

STATE OF COLORADO )

)ss.

COUNTY OF MESA )

The foregoing Agreement was acknowledged before me this ______ day of __________________, 1994, by Lowe Development Corporation, a California corporation.

Witness my hand and official seal.

My commission expires:__________________

____________________________________

Notary Public