Resolution No. 02-97 (Word Version)

RESOLUTION NO. 2-97

CONCERNING THE ISSUANCE OF A REVOCABLE PERMIT TO

SCOTTY INVESTMENTS, A COLORADO PARTNERSHIP

Recitals

1. Scotty Investments, a Colorado Partnership, hereinafter referred to as "the Petitioner", represents that it is the owner that certain real property located at 437 Pitkin Avenue in the City of Grand Junction and has requested that the City Council of the City of Grand Junction issue a Revocable Permit to allow the encroachment of landscape improvements within the following described public right-of-way for Pitkin Avenue:

Parcel 1: Commencing at the Northeast Corner of Lot 10, Block 147 of the Original Plat of the City of Grand Junction situate in the Southwest 1/4 of Section 14, Township 1 South, Range 1 West of the Ute Meridian, County of Mesa, State of Colorado; thence North a distance of 5.00 feet to the Point of Beginning; thence West a distance of 61.00 feet; thence N 15°30’00” E a distance of 11.11 feet; thence 5.85 feet along the arc of a curve to the right having a radius of 4.50 feet, a central angle of 74°30’00”, and a long chord bearing N 52°45’00” E a distance of 5.45 feet; thence East a distance of 53.69 feet; thence South a distance of 14.00 feet to the Point of Beginning.

Parcel 2: Commencing at the Northeast Corner of Lot 10, Block 147 of the Original Plat of the City of Grand Junction situate in the Southwest 1/4 of Section 14, Township 1 South, Range 1 West of the Ute Meridian, County of Mesa, State of Colorado; thence West along the North boundary of said Block 147 a distance of 89.28 feet; thence North a distance of 5.00 feet to the Point of Beginning; thence West a distance of 55.72 feet; thence North a distance of 14.00 feet; thence East a distance of 48.41 feet; thence 5.85 feet along the arc of a curve to the right having a radius of 4.50 feet, a central angle of 74°30’00”, and a long chord bearing S 52°45’00” E a distance of 5.45 feet; thence S 15°30’00” E a distance of 11.11 feet to the Point of Beginning.

2. Based on the foregoing, 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 issue the attached Revocable Permit to Scotty Investments, a Colorado Partnership, 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 15th day of January, 1997.

Attest:

/s/ Linda Afman

/s/ Stephanie Nye President of the City Council

City Clerk

REVOCABLE PERMIT

Recitals

2. Based on the representations of the Petitioner, 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 issued to the above-named Petitioner 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, the State of Colorado, the County of Mesa and all other public utilities, hereby reserves and retains a perpetual right to utilize all of the aforedescribed public right-of-way for any City or public utility purposes, including, but not limited to, 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.

2. The Petitioner, for itself and for its successors and assigns, agree that it shall not hold, nor attempt to hold, the City of Grand Junction, its officers, employees and agents, the State of Colorado, the County of Mesa or any public utility liable for damages caused to the improvements situated within said public right-of-way (including the removal thereof), or any other property of the Petitioner or any other party, as a result of the Petitioner’s occupancy, possession or use of said public right-of-way or as a result of any City activity or use thereof or as a result of the installation, operation, maintenance or repair of public improvements, including, but not limited to, street improvements and utilities.

3. This Revocable Permit shall be issued only upon the concurrent execution by the Petitioner of an agreement that the Petitioner, and the Petitioner's successors and assigns, shall save and hold the City of Grand Junction, its officers, employees and agents harmless from, and indemnify the City, its officers, employees and agents, with respect to any claim or cause of action however stated arising out of, or in any way related to, the encroachment or use permitted, and that upon revocation of this Permit by the City the Petitioner shall, at the sole expense and cost of the Petitioner, within thirty (30) days of notice of revocation (which may occur by mailing a first class letter to the last known address), peaceably surrender said public right-of-way and, at its own expense, remove any encroachment so as to make the public right-of-way available for use by the City of Grand Junction, the State of Colorado, the County of Mesa or any other public utility. The provisions concerning holding harmless and indemnity shall survive the expiration, termination or other ending of this Permit.

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 the existing and all other future improvements installed by the Petitioner.

5. This Revocable Permit, the related Resolution and the following Agreement shall be recorded by the Petitioner, at the Petitioner's expense, in the office of the Mesa County Clerk and Recorder.

Dated this ______ day of __________________, 1997.

The City of Grand Junction, a

Attest: Colorado home rule municipality

_____________________________________ _____________________________________

City Clerk City Manager

Acceptance: Acceptance:

_____________________________________ _____________________________________

Rodney K. Snider, Partner William L. Shuman, Partner

AGREEMENT

Scotty Investments, a Colorado Partnership, 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; As set forth, 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 of Grand Junction and, at its own expense, remove any encroachment so as to make the public right-of-way fully available for use by the City of Grand Junction, the State of Colorado, the County of Mesa, or any public utility.

Dated this ______ day of __________________, 1997.

_____________________________________ _____________________________________

Rodney K. Snider, Partner William L. Shuman, Partner

State of Colorado )

)ss.

County of Mesa )

The foregoing Agreement was acknowledged before me this ______ day of __________________, 1997, by Rodney K. Snider and William L. Shuman, Partners in Scotty Investments, a Colorado Partnership.

Witness my hand and official seal.

My commission expires:__________________

____________________________________

Notary Public