HomeMy WebLinkAbout7973U -
Reception #: 1157994 Date: 02/20/1997 Time: 133 Book: 2971 Page: 325 Chris C. Munoz
Inst: RES R Fee: 30.00 D Fee: 0.00 SC: 1.00 Pg: 1 of 6 Pueblo Co.Clk. &Rec.
RESOLUTION NO. 7973
A RESOLUTION APPROVING A RIGHT -OF -WAY
BETWEEN THE STATE OF COLORADO AND THE CITY
OF PUEBLO RELATING TO THE CONSTRUCTION OF A
STREET IN CONJUNCTION WITH THE HISTORIC
ARKANSAS RIVERWALK PROJECT AND
AUTHORIZING THE PRESIDENT OF THE CITY
COUNCIL TO EXECUTE SAME
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Right -of -Way dated June 25, 1996 between the State of Colorado and the City of
Pueblo, relating to the construction of a street in conjunction with HARP, a copy of which is
attached hereto, having been approved as to form by the City Attorney, is hereby approved and the
President of the City Council is authorized to execute and deliver the Right -of -Way in the name of
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City Cle
INTRODUCED October 15, 1996
By Samuel Corsentino
Councilperson
APPROVED:
Presi ent of the Council
Book: 2971 Page: 326 Chris C. Munoz
Page: 2 of 6 Pueblo Co.Clk. &Rec.
Right -of -Way 3027, Book 30
App 96/236
This Right -of -Way made this 25th day of June, 1996 between the State of Colorado
(Grantor), acting by and through the State Board of Land Commissioners (aka State Land
Board), and the City of Pueblo, Colorado (Grantee):
Witnesseth
Whereas, Grantee has applied to the State Land Board for a right -of -way across certain
portions of state trust lands for the purpose of constructing, operating, and maintaining a
permanent city street, and
Whereas, the State Land Board has approved the application subject to the terms and
conditions set forth herein.
Now therefore, the State Land Board, in consideration of the terms and conditions
herein, and for the consideration of Four Thousand One Hundred Fifty and No/ 100 Dollars
($4,150.00), grants unto the Grantee, a right -of -way for the purpose of constructing,
operating, and maintaining a permanent city street over and across certain. portions of state
trust lands described as follows:
Township 20 South, Range 65 West, 6 PM, Pueblo County, Colorado
Section 36: Lots 10 & 11, Block 14,
State Addition to Pueblo.
That portion and interest currently held by the State of
Colorado.
All bearings and angles in degrees- minutes - seconds.
Considering the South line of said Block 14 to bear N89- 20 -48E
and all bearings contained herein being relative thereto.
Beginning at the Southwest corner of said Lot 11;
Thence S89- 20 -48W along the South line of said Block 14, a
distance of 20.00 feet to the East line of a tract of land as
conveyed to the City of Pueblo by deed recorded in Book 1301
at Page 543 of the Pueblo County records;
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Book: 2971 Page: 327 Chris C. Munoz
Page: 3 of 6 Pueblo Co.C1k.&Rec.
Thence Northerly, along said East line by the following two (2)
courses:
N53- 55 -46E (N54 -42E deed), a distance of 14.00 feet;
N27- 03 -08W (N26- 26 -35W deed), a distance of 71.75 feet;
Thence Southeasterly, along the arc of a curve to the left whose
center bears N47- 35 -04E and whose radius is 267.50 feet, a
distance of 89.36 feet to the Northwesterly line of a tract of land
conveyed to Jerome L. Crane by deed recorded in Book 2732 at
Page 446 of the Pueblo County records;
Thence S53- 55 -46W (S54- 24 -13W deed), along said
Northwesterly line, a distance of 29.00 feet to the South line of
said Lot 11;
Thence S89- 20 -48W, along said South line, a distance of 5.32
feet to the Point of Beginning.
Contains 1,439.59 square feet or 0.033 acres, more or less.
Terms and Conditions
1. This right -of -way grant is made for the sole purpose described, and for the singular use
by the Grantee named herein.. No other purpose or use is permitted. If Grantee uses or
attempts to use the lands for any other purpose whatsoever, then this right -of -way shall
become void and of no effect, and shall revert to the State Land Board or its successors.
2. This right -of -way grant is not exclusive. It is subject to any and all uses, easements and
rights -of -way granted previously. The State Land Board reserves the right to use, or
permit the use of, these same lands for any new purpose which will not unreasonably
interfere with or endanger any of the facilities of the Grantee, or use thereof. Grantee
agrees to permit and not interfere with such new or additional uses.
3. The Grantee shall not sublet or assign, in whole or in part, this right -of -way unless the
State Land Board, at its sole discretion, gives written authorization. Any transfer or
assignment, or attempted transfer or assignment, of any of the rights granted, without
such consent in writing, shall be absolutely void, and at the option of the State Land
Board, shall terminate this agreement.
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Book: 2971 Page: 328 Chris C. Munoz
Page: 4 of 6 Pueblo Co.Clk. &Rec.
4. The State Land Board reserves the right at any and all times during the continuance of
the right -of -way to sell, exchange, or otherwise dispose of the lands.
5. If Grantee fails to construct the facility or facilities described above within two (2) years
from date hereof, this grant shall be subject to cancellation at the option of the State
Land Board. If the State Land Board agrees to extend such construction period, the State
Land Board may fix additional consideration at the time of completion of construction of
said facilities.
6. Upon completion of construction of the herein described facility, the Grantee agrees to
restore the land, as near as practicable to its original condition, unless otherwise agreed
to in writing by the State Land Board.
7. The Grantee shall not fence or otherwise obstruct free and open access to and travel
upon, said land, without written authorization from the State Land Board.
8. If the facility for which said right -of -way is granted is to be enlarged, replaced,
relocated, or added to in the future, the Grantee shall advise the State Land Board of
such change and furnish surveys, plats, and description of the change to the State Land
Board for approval. In that event the State Land Board may, at its sole discretion,
require the Grantee to pay additional consideration.
9. Grantee shall not establish a water use, water permit, or water right unless the State
Land Board at its sole discretion gives written authorization. If the Grantee uses or
establishes any water right on the state land, for any use on or off state land, such right
shall become and remain the property of the State Land Board.
10. All rights to any and all minerals, ores, and metals of any kind and character, and all
coal, asphaltum, oil, gas, geothermal resources, or other substances in or under said land
are reserved to the State of Colorado. If the State Land Board desires to occupy or use,
or permit the occupancy or use of, the lands which are subject to the right -of -way herein
granted, or any portion thereof, for any purpose with which the aforesaid facilities would
interfere, including the mining, removing, or recovering of all minerals, ores, and metals
of every kind and character and all coal, asphaltum, geothermal, steam, and other
substances in or under said land, then the State Land Board may require the Grantee to
relocate, raise, lower, disconnect, or otherwise adjust its facilities after first receiving
not less than ninety (90) days' prior written notice from the State Land Board. In such
event, the Grantee shall be furnished a similar right -of -way over and across state land,
where available and suitable, free of charge to relocate, raise, lower, disconnect or
otherwise adjust said facilities.
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Book: 2971 Page: 329 Chris C. Munoz
Page: 5 of 6 Pueblo Co.Clk. &Rec.
11. The right -of -way herein granted shall continue for as long as the uses and facilities
described above are in place, utilized and maintained by the Grantee or until the
expiration of the terms, whichever comes first. If the said use of facilities are abandoned
for twelve (12) consecutive months, this right -of -way or any unused portion thereof shall
automatically and without notice terminate.
12. The Grantee may remove the facilities during the term granted. Upon such removal, the
right -of -way shall terminate, except that temporary removal of said facility during
maintenance or approved reconstruction shall not terminate this grant.
13. Upon termination of this right -of -way either for cause or by expiration of term, the
Grantee shall restore the premises as nearly as possible to the condition they were in
prior to the grant and construction of the original right -of -way, unless otherwise
requested or agreed to by the State Land Board.
14. The Grantee assumes all liability arising from the exercise of this right -of -way, including
but not limited to the risk of all injuries, including death, resulting therefrom to persons
and damage to property, including loss of use thereof, and all taxes, fees, assessments or
charges, resulting directly or indirectly, wholly or in part, from this right -of -way and to
indemnify, save harmless and defend the State Land Board from and against any and all
liability arising therefrom.
15. The Grantee will pay full compensation to the State Land Board for damages to its
property, rights, franchises or privileges, including liabilities and damages to its lessees
and other third parties resulting from acts, omissions or use of the lands or rights granted
under this right -of -way.
16. Failure to comply with any term or condition contained in this right -of -way grant shall
be grounds for termination by the State Land Board.
17. The following items (a) through (b) shall apply and supersede any conflicting terms or
conditions set forth above:
a. A plat and survey performed by KLH Engineering of Pueblo and dated 4 -29 -96 was
submitted to depict the location of this grant. Said plat is hereby made a part of this
right -of -way, and shall be the controlling alignment with respect to bearings and
distances in the event of an error or discrepancy in the written legal description
herein.
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Book: 2971 Page: 330 Chris C. Munoz
Page: 6 of 6 Pueblo Co.Clk. &Rec.
b. The State Land Board has acquired or reacquired title in this vicinity by various
means, including a reversionary interest due to the abandonment of the railroad. This
grant of right -of -way is made only to the extent of the State of Colorado title interest
at this time, and no more.
Approved and granted:
State of Colorado, by the
State Board of Land Coln issioners
Robert R. Mailander, Register
Approved and accepted:
City of Pueblo, Colorado
Signature
1 / / i4 Y Q . /-{ /� .5 L-- / C•
Printed Name
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Title or Position
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Date
5
MEMORANDUM
TO: Gina Dutcher, City Clerk
FROM: Tom Cvar, Director of Public Works `J
SUBJECT: RIGHT OF WAY GRANT
STATE OF COLORADO
DATE: February 18, 1997
Please record the attached grant of Right -of -Way from the State of
Colorado, State Land Board, and file with Resolution No. 7973.
Please send me the recording information for our file.
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Encl: