HomeMy WebLinkAbout10022Reception 1548100
01/28/2004 11:25 A
RESOLUTION NO. 10022
A RESOLUTION ACCEPTING CONVEYANCE OF AN EASEMENT FROM THE PUEBLO
CONSERVANCY DISTRICT FOR THE ARKANSAS RIVER SANITARY SEWER INTERCEPTOR
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Easement, a copy of which is attached hereto, having been approved as to form by the
City Attorney, is hereby approved and accepted.
SECTION 2.
The City Clerk is directed to cause said Easement to be recorded in the office of the Pueblo
County Clerk and Recorder forthwith.
INTRODUCED December 22, 2003
BY Al Gurule/Councilperson
APPROVED: Bill Sova/President of City Council
ATTEST: Gina Dutcher/City Clerk
Background Paper for Proposed
RESOLUTION 10022
DATE: DECEMBER 22, 2003
DEPARTMENT: WASTEWATER DEPARTMENT
GENE MICHAEL, DIRECTOR
TITLE
A RESOLUTION ACCEPTING CONVEYANCE OF AN EASEMENT FROM THE
PUEBLO CONSERVANCY DISTRICT FOR THE ARKANSAS RIVER SANITARY
SEWER INTERCEPTOR.
ISSUE
Should the City Council accept an easement from the Pueblo Conservancy
District for construction and maintenance of a sanitary sewer main interceptor?
RECOMMENDATION
Approval of this Resolution.
BACKGROUND
The City of Pueblo Wastewater Department requires a fifty (50) foot sanitary
sewer easement for the maintenance of a new sanitary sewer main interceptor
being constructed in the Arkansas River, in property which is owned by the
Pueblo Conservancy District. An existing sanitary sewer interceptor was built in
1957 in the same alignment. No easement was ever recorded for the existing
main that is now being replaced.
See Exhibit "B" for location.
FINANCIAL IMPACT
There is no financial impact to the City from accepting this easement.
Reception # 1548101
INDEMNIFICATION AGREEMENT
WHEREAS, the City of Pueblo, Colorado, a Municipal Corporation, desires the
Pueblo Conservancy District to grant an easement, attached hereto as Exhibits "A" and
"B"; and
WHEREAS, the Pueblo Conservancy District is willing to grant said easements to
assist with the Arkansas River Sewer Replacement Project, provided it is properly
indemnified.
NOW THEREFORE, in consideration of the Pueblo Conservancy District granting
the attached easement, the City of Pueblo, Colorado, a Municipal Corporation, does
hereby, to the extent permitted by law, indemnify and hold harmless the Pueblo
Conservancy District from any and all claims, expenses, liabilities, loss, or damage to
property or injury to or death of persons caused by or arising out of the construction,
installation, maintenance or use of the improvements contemplated by said grant of
Easement shown on Exhibits "A" and "B" hereof, save and except any injury or damage as
may be caused by the negligence of Pueblo Conservancy District, its officers, agents, or
employees.
It is the intent of this indemnification that the Pueblo Conservancy District be
protected from claims, expenses, liabilities, loss, or damage, which may be made against it
by any third parties who install, maintain, or utilize the improvements being constructed as
part of the Arkansas River Sewer Replacement Project and protected from loss or damage
that is incurred as a result of Arkansas River Sewer Replacement Project in any manner.
Nothing in this Indemnification Agreement is intended, nor should it be construed,
to create or extend any rights, claims or benefits or assume any liability for or on behalf of
any third party, or to waive any immunities or limitations otherwise conferred under or by
virtue of federal or state law, including but not limited to the Colorado Governmental
Immunity Act, §24-10-101, et. seq., C.R.S..
This indemnification Agreement shall be binding on the City of Pueblo, Colorado,
~al_C. orporation, its successors and assigns.
o.,
ADmiTtED{he Zg- day of December, 2003.
~~ CITY OF PUEBLO, COLORADO
a Municipal Corporation ~~...
~'1'- ,,
~,~,~ By
. · Presiden~ffof the City Council
Reception #1548102
01/28/2004 11:25 A
Chri$C.~unoz PuebloCtyC[k&Rec ERSE R 2[.~0 D ~,~
THIS EASEMENT, granted this 20 day of January ,2004, by Pueblo
Conservancy District of the County of Pueblo, State of Colorado, a conservancy district organized
under the laws of the State of Colorado, Grantor, ~o PUEBLo, a Municipal Corporation, Grantee:
WlTNESSETH:
THAT IN CONSIDERATION of the sum of One Dollar ($1.00) and other good and valuable
consideration paid by the Grantee, receipt of which is hereby acknowledged, Grantor hereby grants to
Grantee, its successors and assigns, an easement and right of way for the purpose of sanitary sewer, in,
through, over, under and across Grantor's property situated in Pueblo County, Colorado, commonly
known as the south bank of the Arkansas River and more particularly described in the attached Exhibit
"A" (the "Property").
TOGETHER WITH the right to enter upon the Property for the purposes of construction,
installation, replacement, maintenance, control, and repair of the sanitarysewer, and the fight to access
the adjoining property of Grantor for said purposes. The Grantor reserves the rlght to use and occupy
the Property to maintain.or improve the Arkansas River channel for flood control purposes, provided,
however, Grantor will, to the extent reasonably possible, conduct such maintenance and improvement
activities in a manner that will not unreasonably interfere with or endanger any of Grantee's equipment
or facilities or the use thereof.
This Easement And Right Of Way shall be binding upon, and shall inure to the benefit of the
successors, and assigns of the Grantor and Grantee.
To the extent authorized by law, Grantee shall indemnify and hold harmless Grantor from any
and all claims, expenses, loss or damag6 to property or injury to or death of persons caused by or
arising out of the construction, installation, replacement, maintenance, control and repair of sanitary
sewer within the easement and right of way hereby granted except such injury of damage as may be
caused by the negligence of Grantor, its officers, agents, or employees.':
SIGNED this ,20 day of January , 2004
COUNTY OF PUEBLO
STATE OF COLORADO
The foregoing instrument was acknowledged before me this ~ID day of -'~&~,
2004, by ~.lr'.'~fl~I)%TROI,4, , as ?,~.~ t~-~ of the Pueblo Conservancy District.
(SEAL
Witness my hand and official seal.
My commission expires:
Notary Pubhc ~, ~