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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 .0 fi r' r, o . tl 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; 1 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. 2 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. 3 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. El 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 ovnieIL pr<E- /b CA/7 Title or Position /2 is -9(, 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. li - 7 TC:gc Encl: