HomeMy WebLinkAbout840211111111111111111111111111111111 INS i III
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RESOLUTION NO. 8402
A RESOLUTION APPROVING AND ACCEPTING AN
EASEMENT FROM THE STATE OF COLORADO
RELATING TO SOUTHERN COLORADO MEDICAL
CENTER, FILING NO. 1 SUBDIVISION AND
AUTHORIZING THE PRESIDENT OF THE CITY
COUNCIL TO EXECUTE SAME
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Easement dated April 24, 1998 between the City and the State of Colorado relating to
Southern Colorado Medical Center Filing No. 1 Subdivision, a copy of which is attached hereto,
having been approved as to form by the City Attorney, is hereby approved.
SECTION 2.
The President of the City Council is authorized to execute and deliver the Easement in the
name of the City and the City Clerk is directed and authorized to affix the seal of the City and attest
same.
INTRODUCED May 11, 1998
By John Verna
Councilperson
APPR VED:
President of th City 6ouncil
ATTEST:
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EASEMENT
THIS EASEMENT, is made this 214 _f� day of AeY " l , 19 q g , by and between
the State of Colorado acting by and through the Department of Natural Resources for the use and benefit
of the Division of Parks and Outdoor Recreation and Board of Parks and Outdoor Recreation (the "State"
or "Grantor "), whose address is 1313 Sherman Street - Room 618, Denver, Colorado, 80203, and the City
of Pueblo (the "City" or "Grantee "), a municipal corporation, whose address is 1 City Hall Place, Pueblo,
Colorado, 81003.
WITNESSETH, that the State, for and in consideration of the sum of TWENTY DOLLARS ($20.00) and
other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does
hereby remise, release, sell and QUIT CLAIM to the City, its successors and assigns, forever, but subject
to the right of entry for breach of condition subsequent set forth below, a non - exclusive easement and
right -of -way (the "Easement ") as further described below and subject to the conditions herein, for an
easement for a public road and public utilities in, through, over, under and across the property of the State
(the "Easement Property ") which is located as follows:
In the El /2 of SWl /4 and SWl /4 of SETA of Section 15, Township 20 South, Range 65 West of
the 6th P.M., as described in Exhibits A. B and C, all attached hereto and incorporated herein.
1. EASEMENT DESCRIPTION, PURPOSES. The Easement herein granted shall be: (i) one
hundred (100) feet in width, fifty (50) feet on each side of a centerline as described in Exhibit A and
shown on Exhibit B, for the purposes of constructing and maintaining the future right -of -way of the
proposed Tuxedo Boulevard, a public street, and for the purposes of constructing, installing and
maintaining such public utility lines as shall be permitted by the City ( "Street Easement "); and (ii) twenty
(20) feet in width, ten (10) feet on such side of a centerline as described in Exhibit C and as shown on
Exhibit B, for the purposes of constructing, installing and maintaining a sanitary sewer line ( "Sewer
Easement ").
It is the intent of this Easement to grant the above described Easement (except for the Sewer
Easement not located within the future right -of -way of Tuxedo Boulevard)through the future right -of -way
of what will be a public street. Any public utility choosing to locate within the Street Easement shall
situate their mains, cables, lines and /or other facilities within the Street Easement according to the
requirements of the City of Pueblo, Department of Public Works and subject to the City's priority of use
for a public street.
2. CONSTRUCTION, INSTALLATION, MAINTENANCE. All construction, installation and
maintenance (including but not limited to initial construction, reconstruction, repair, replacement and
removal) of public streets and utilities shall not be the responsibility of Grantor. To the extent it legally
may, the City covenants to exercise control and supervision over public utilities, their employees and
contractors who place utility lines within the Street Easement.
All utilities shall be placed underground, except that in the sole discretion of the State, approval
may be granted to the Grantee , in writing, for above ground facilities, which approval shall not be
unreasonably withheld. The City shall cause to be installed and maintained, fencing along both sides of
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Tuxedo Boulevard within the Street Easement, within sixty (60) days from completion of initial
construction of Tuxedo Boulevard, said fencing to be subject to the approval of the State. The location
of all underground utilities located within the Street Easement shall be marked on the land surface by such
means sufficient to show the route of the underlying installation. No storage of construction equipment,
materials, supplies or fill material shall be allowed on adjoining property of the State.
3. SURFACE RESTORATION/REVEGETATION . The City shall cause to be restored the surface
of the Sewer Easement to its original condition as nearly as possible after construction of the sewer line
is complete. Restoration of the surface of the land shall include but not be limited to grading and sloping
the surface to its prior condition and reseeding and planting native grasses, trees and shrubs as heretofore
existed. City will cause to be replaced any plantings or seedings which have not been shown to be
reestablished after one full year of growth. Restoration and revegetation of the Sewer Easement shall
be subject to the approval of the State, said approval shall not be unreasonably withheld.
4. UTILITY AND ROAD ACCESSIBILITY. As partial consideration of the granting of this
Easement, the State, with respect to its adjoining property, its successors and assigns, shall have the right,
upon completion of the necessary requirements and payment of all required fees and charges and
compliance with the City's ordinances, to access for service by such public utilities as are installed within
the Street Easement, including but not limited to domestic water, sanitary sewer, natural gas and electric
power services. In addition, the State, its successors and assigns, shall have the right of reasonable and
safe access to Tuxedo Boulevard within the Street Easement, including but not limited to the right to curb
cuts, driveways and such other vehicular access from the adjoining property of the State subject to
applicable regulations and restrictions of Grantee.
5. EASEMENT NON - EXCLUSIVE. The Street Easement hereby granted is non - exclusive and
Grantee consents to share a portion of the Street Easement with any other party designated by the State
and approved by Grantee provided the use by such parry shall in no way interfere with the purposes stated
herein or City's priority of use for a public street.
6. RIGHT OF ENTRY FOR CONDITION SUBSEQUENT. If Grantee does not, for a period of
three (3) years , make use of the Easement for either of the purposes stated herein, the State may, at its
sole discretion, immediately declare the Easement terminated and shall so notify Grantee by certified
mail.
7. BINDING EASEMENT. The Easement herein granted shall be a burden upon and shall run with
the Easement Property in perpetuity, subject to the right to enter for breach of condition subsequent
contained herein, and shall bind Grantor, its successors and assigns forever.
8. STATE LIABILITY EXPOSURE. Notwithstanding any other provision of this Easement to the
contrary, no term or condition of this Easement shall be construed or interpreted as a waiver, either
expressed or implied, of any of the immunities, rights, benefits or protection provided to the State and
to the Grantee under the Colorado Governmental Immunity Act 24 -10 -101, et seq. C.R.S., as amended
or as may be amended (including, without limitation, any amendments to such statute, or under any
similar statute which is subsequently enacted). The parties hereby understand and agree that liability for
claims for injuries to persons or property arising out of the negligence of the State of Colorado, its
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departments, institutions, agencies, boards, officials and employees, or arising out of the negligence of
the Grantee, its agencies, boards, officials and employees is controlled and limited by the provisions of
24 -10 -101, et seq. C.R.S., as amended or as may be amended, and 24 -30 -1501, et seq., C.R.S., as
amended or as may be amended. Any provision of this Easement, whether or not incorporated herein by
reference, shall be controlled, limited and otherwise modified so as to limit any liability of the State and
Grantee to the above cited laws.
9. INDEMNIFICATION. To the extent it legally may, the City shall indemnify, save and hold
harmless the State, its employees and agents, against any and all claims, damages, liability and court
awards including costs, expenses and attorneys fees incurred as a result of any negligent act or omission
by the City, or its employees arising from their use of the Easement Property.
10. NOTICE. Any notice required or permitted herein shall be in writing and delivered personally
or by U.S. mail, return receipt requested, to the address or addresses and persons set forth below, provided
that the parties can change their mailing address by providing notice to the other party:
Lake Pueblo State Park
640 Pueblo Reservoir Road
Pueblo, CO 81005
Attn: Park Manager
with a copy to: Colorado State Parks
1313 Sherman St., Room 618
Denver, CO 80203
Attn: Real Estate Coordinator
City of Pueblo
1 City Hall Place
Pueblo, CO 81003
Attn: Public Works Director
11. PARAGRAPH HEADINGS. The captions and headings set forth herein are for the convenience
of reference only, and shall not be construed so as to define or limit the terms or provisions hereof.
IN WITNESS WHEREOF, the Grantor has executed this Easement as of the date first set forth above.
GRANTOR:
STATE OF COLORADO
Roy Romer, Governor
By J;� 4-
Laurie A. Mathews, Director
Colorado Division of Parks and
Outdoor Recreation
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STATE OF COLORADO )
) ss.
COUNTY OF � veer )
The foregoing Easement was
19 K by l.-au r; e. A .
Witness my hand and official seal.
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before me this c '�, T day of �-t�p('I
My commission expires: .S 3
[SEAL) MARGRET GOEBEL
NOTARY PUBLIC Notary Pu
STATE OF COLORADO
My Canmie m Expires 05.03 -99
ACCEPTING:
PUEBLO, A MUNICIPAL CORPORATION
City Clerk
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FUTURE TUXEDO BLVD.
(100 foot R.O.W.):
An easement through a portion of the E1 /2 of the SW1/4 and through the SW1 /4 of the SE1 /4 of
Section 15, Township 20 South, Range 65 West of the 6` P.M., being 100 feet in width, 50 feet
on each side of the following described centerline:
Considering the North line of the said SW1 /4 of Section 15 to bear S.88 °43'53 "W. and all
bearings contained herein being relative thereto.
Commencing at the Northwest corner of the said El /2 of the SW1 /4; thence S.01'43'1 8"E.,
along the West line of the said E1 /2 of the SW 1/4, a distance of 387.45 feet to the True Point of
Beginning of the easement centerline herein described; thence N.88 °43'39 "E., a distance of
180.56 feet; thence Southeasterly, along the arc of a curve to the right whose radius is 800 feet, a
distance of 1003.44 feet; thence S. 19'24'23"E., a distance of 1621.28 feet, thence Southeasterly,
along the arc of a curve to the left whose radius is 800 feet, a distance of 165.26 feet, more or
less to the South line of the SE1 /4 of said Section 15 and the Point of Terminus.
Prepared by: NORTHSTAR ENGINEERING AND SURVEYING, INC.
1 I 1 E. 5 1h Street
Pueblo, CO 81003
November 26, 1997
JN 95 073 06
9507306.1019
I \ y
i
i
P. 0s.
S.01 '43'18 "E.
, . 387., . 45'
N.88'43'18"
180.56'
SW 1/4
SW 1/4
20' SANITARY
SEWER EASEMENT
N.88'43'53"
983.23'
R= 800' --�
L= 1003.44'
E 1/2
SW 1/4
S.28'30'45 "W.
634.53'
20 SSANITARY SEWER EASEMENT
N.01'15'57 "W.
599.61'
P. 0-
PROPOSED TUXEDO BOULEVARD
100' RIGHT -OF -WAY
SE 1/4
S.1 9'24'23 "E.
1621.28'
R =800'
L= 165.26'
P.QC
S.88
20. 20.00'
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NOT TO SCALE
EXHIBIT "B"
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EXHIBIT G
SANITARY SEWER OUTFALL
(20 foot R.O.W.):
An easement through a portion of the El/2 of the SW 1/4 of Section 15, Township 20 South,
Range 65 West of the 6 P.M., being 20 feet in width, 10 feet on each side of the following
described centerline:
Considering the North line of the said SW 1/4 of Section 15 to bear S.88 °43'53 "W. and all
bearings contained herein being relative thereto.
Commencing at the Northwest corner of the said E1 /2 of the SWIA; thence N.88 °43'53 "E.,
along the North line of the said SWl /4, a distance of 983.23 feet to the True Point of Beginning
of the easement centerline herein described; thence S.28 a distance of 634.53 feet to
the centerline of future Tuxedo Blvd. and the Point of Terminus.
FORDS]
An easement through a portion of the E1 /2 of the SW1 /4 of Section 15, Township 20 South,
Range 65 West of the 6` P.M., being 20 feet in width, 10 feet on each side of the following
described centerline:
Considering the North line of the said SWl /4 of Section 15 to bear S.88 0 43'53 "W. and all
bearings contained herein being relative thereto.
Commencing at the S1 /4 corner of said Section 15; thence S.88 °44'03 "W., along the South line
of the said S W 1/4, a distance of 20.00 feet to the True Point of Beginning of the easement
centerline herein described; thence N.01 ° 15'57 "W., parallel to the East line of the said SW I/4, a
distance of 599.61 feet to the centerline of future Tuxedo Blvd. and the Point of Terminus.
Prepared by: NORTHSTAR ENGINEERING AND SURVEYING, INC.
111 E. 5` Street
Pueblo, CO 81003
November 26, 1997
.TN 95 073 06
9507306.1020