Loading...
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 ~, ~