Resolution No. 135-04 (Word Version)

RESOLUTION NO. 135-04

A RESOLUTION CONCERNING THE ISSUANCE OF A REVOCABLE PERMIT TO

PARADISE VALLEY PARK, LLC

Recitals.

A. Paradise Valley Park, LLC, hereinafter referred to as the Petitioners, represent that they are the owners of the following described real property in the City of Grand Junction, County of Mesa, State of Colorado, to wit:

A certain parcel of land lying in the Northeast Quarter of the Northwest Quarter (NE 1/4 NW 1/4) of Section 10, Township 1 South, Range 1 West of the Ute Principal Meridian, City of Grand Junction, County of Mesa, State of Colorado, lying entirely within the right of way for 25-1/2 Road and being more particularly described as follows:

COMMENCING at the Southeast corner of the NE 1/4 NW 1/4 of said Section 10 and assuming the East line of the NE 1/4 NW 1/4 of said Section 10 bears N 00°03’04” E with all other bearings contained herein being relative thereto; thence from said Point of Commencement, S 89°59’24” W along the South line of the NE 1/4 NW 1/4 of said Section 10, a distance of 29.00 feet to the POINT OF BEGINNING; thence from said Point of Beginning, continue S 89°59’24” W along the South line of the NE 1/4 NW 1/4 of said Section 10, a distance of 1.00 feet; thence N 00°03’04” E along the West right of way for 25-1/2 Road, being a line 30.00 feet West of and parallel with, the East line of the NE 1/4 NW 1/4 of said Section 10, a distance of 528.64 feet; thence N 44°41’08” W along the South line of that certain additional right of way per Book 3606, Pages 481 and 482, Public Records of Mesa County, Colorado, a distance of 26.28 feet; thence N 00°03’04” E a distance of 57.72 feet; thence S 89°56’56” E a distance of 1.00 feet; thence S 00°03’04” W a distance of 57.31 feet; thence S 44°41’08” E a distance of 26.28 feet; thence S 00°03’04” W along a line 29.00 feet West of and parallel with, the East line of the NE 1/4 NW 1/4 of said Section 10, a distance of 529.05 feet, more or less, to the Point of Beginning.

-TOGETHER WITH-

COMMENCING at the Northeast corner of the NE 1/4 NW 1/4 of said Section 10 and assuming the East line of the NE 1/4 NW 1/4 of said Section 10 bears S 00°03’04” W with all other bearings contained herein being relative thereto; thence from said Point of Commencement, N 89°59’38” W along the North line of the NE 1/4 NW 1/4 of said Section 10, a distance of 30.00 feet; thence S 00°03’04” W along a line 30.00 feet West of and parallel with, the East line of the NE 1/4 NW 1/4 of said Section 10, a distance of 76.52 feet to the POINT OF BEGINNING; thence from said Point of Beginning, S 85°58’09” E a distance of 1.00 feet; thence S 00°03’04” W along a line 29.00 feet West of and parallel with, the East line of the NE 1/4 NW 1/4 of said Section 10, a distance of 327.04 feet; thence N 89°56’56” W a distance of 1.00 feet; thence N 00°03’04” E along a line 30.00 feet West of and parallel with, the East line of the NE 1/4 NW 1/4 of said Section 10, a distance of 327.11 feet, more or less, to the Point of Beginning.

and identified by Mesa County Tax Schedule Number 2945-102-00-100.

B. Petitioners have requested that the City Council of the City of Grand Junction issue a Revocable Permit to allow the Petitioners to install a 6’ solid wood fence within the following described public alley right-of-way for the purposes of screening the residential subdivision from 25 1/2 Road:

-TOGETHER WITH-

C. Relying on the information supplied by the Petitioners and contained in File No. RVP-2004-266 in the office of the City’s Community Development Department, 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:

1. That the City Manager is hereby authorized and directed to issue the attached Revocable Permit to the above-named Petitioners for the purposes aforedescribed and within the limits of the public right-of-way aforedescribed, subject to each and every term and condition contained in the attached Revocable Permit.

PASSED and ADOPTED this 15^th day of December, 2004

Attest:

President of the City Council

City Clerk

REVOCABLE PERMIT

Recitals.

-TOGETHER WITH-

and identified by Mesa County Tax Schedule Number 2945-102-00-100.

-TOGETHER WITH-

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 Petitioners a Revocable Permit for the purposes aforedescribed and within the limits of 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 Petitioner’s use and occupancy of the public right-of-way as authorized pursuant to this Permit shall be performed with due care or any other higher standard of care as may be required to avoid creating hazardous or dangerous situations and to avoid damaging public improvements and public utilities or any other facilities presently existing or which may in the future exist in said right-of-way.

2. The City hereby reserves and retains a perpetual right to utilize all or any portion of the aforedescribed public right-of-way for any purpose whatsoever. The City further reserves and retains the right to revoke this Permit at any time and for any reason.

3. The Petitioners, for themselves and for their heirs, successors, assigns and for all persons claiming through the Petitioners, agree that they shall defend all efforts and claims to hold, or attempt to hold, the City of Grand Junction, its officers, employees and agents, liable for damages caused to any property of the Petitioners 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, repair and replacement of public improvements.

4. The Petitioners agree that they shall at all times keep the above described public right-of-way in good condition and repair.

5. This Revocable Permit shall be issued only upon the concurrent execution by the Petitioners of an agreement that the Petitioners and the Petitioner’s heirs, 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 Petitioners shall, at the sole cost and expense of the Petitioners, 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 their own expense, remove any encroachment so as to make the aforedescribed public right-of-way available for use by the City or the general public. The provisions concerning holding harmless and indemnity shall survive the expiration, revocation, termination or other ending of this Permit.

6. This Revocable Permit, the foregoing Resolution and the following Agreement shall be recorded by the Petitioners, at the Petitioner’s expense, in the office of the Mesa County Clerk and Recorder.

Dated this day of , 2004.

The City of Grand Junction,

Attest: a Colorado home rule municipality

City Clerk City Manager

Acceptance by the Petitioners:

Paradise Valley Park, LLC

AGREEMENT

Paradise Valley Park, LLC, for themselves and for their heirs, successors and assigns, do hereby agree to:

(a) Abide by each and every term and condition contained in the foregoing Revocable Permit;

(b) Indemnify and hold harmless the City of Grand Junction, its officers, employees and agents with respect to all claims and causes of action, as provided for in the approving Resolution and Revocable Permit;

(c) Within thirty (30) days of revocation of said Permit by the City Council, peaceably surrender said public right-of-way to the City of Grand Junction;

(d) At the sole cost and expense of the Petitioner, remove any encroachment so as to make said public right-of-way fully available for use by the City of Grand Junction or the general public.

Dated this day of , 2004.

Paradise Valley Park, LLC

State of Colorado )

)ss.

County of Mesa )

The foregoing Agreement was acknowledged before me this day of day of ________________, 2004, by Paradise Valley Park LLC.

My Commission expires:

Witness my hand and official seal.

Notary Public