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HomeMy WebLinkAbout840211111111111111111111111111111111 INS i III 1219687 05/20/1998 08:02A 83125 P282 RES 1 of 1 R 6.00 D 0.00 Pueblo- Cty Clk & Roe. 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: 1 " 7 1219688 05/20/1998 08:02A 83125 P283 EASE 1 of 7 R 36.00 0 0.00 Pueblo Cl.y Clk & Rec. 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 11111111111111111111111111111111111111111111111 IN IN 1219688 03/20/1998 08:02A 83123 P284 EASE 2 of 7 R 36.00 0 0.00 Pueblo Cty Clk 8 Ree. 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 -2- 1 111111 111111111111111 IIIII IIIII 1111111 iii IIIII 1111 IIII 1219688 05/20/1998 08:02A B3125 P285 EASE 3 of 7 R 36.00 D 0.00 Pueblo Cty Clk & Roe. 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 -3- 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. 11111111111111111111111111111111 IN 1219688 05/20/1998 08:02A 83125 P286 EASE 4 of 7 R 36.00 D 0.00 Pueblo Cty Clk 8 Rea. 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 11111111111111111111111111111111111111111111111111111111 1111 1219688 05/20/1998 08:02A B3125 P287 EASE 5 of 7 R 36.00 D 0.00 Pueblo Cty Clk & Rec. 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' 111111111111111111111111111111111111111111111111111 IN 1219688 05/20/1998 08:02A 63125 P288 EASE 6 of 7 R 36.00 D 0.00 Pueblo Cty Clk & Rec. NOT TO SCALE EXHIBIT "B" 111111111111111111111111111111111111111111111 IN IN 1219688 05/20/1998 08:02A 83125 P289 EASE 7 of 7 R 36.00 0 0.00 Pueblo Cty Clk & Roe. 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