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HomeMy WebLinkAbout10819RESOLUTION NO. 10819 A RESOLUTION APPROVING AN EASEMENT BETWEEN THE CITY OF PUEBLO AND HCPN, LLC RELATING TO THE SURFACE PARKING AT 102 SOUTH ONEIDA STREET AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1 An Easement between HCPN, LLC, a Colorado limited liability company and the City of Pueblo for the purpose of surface parking and appurtenances, copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved and accepted. SECTION 2. The President of the City Council is authorized to execute acceptance of the aforesaid deed in the name of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. INTRODUCED September 25, 2006 BY Randy Thurston Councilperson APPROVED: President of City Council ATTESTED BY: CITY CLERK Re: Reso. #10819 1111111 Il 11111111 III III11111III 111110 C. EASEMENT THIS EASEMENT, entered into this day of 2006, by and between PUEBLO, a Municipal Corporation, GRANTOR, and f1Gp11, LLC, a Colorado limited liability company, GRANTEE: WITNESSETH: THAT IN CONSIDERATION ofthe 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 for the purpose of surface parking and appurtenances including a screen wall and parking area lighting, on, over and across GRANTOR's property situated in Pueblo County, Colorado, and described in Exhibit "A" attached hereto and incorporated herein. TOGETHER WITH the right to enter upon said property for the purpose of construction, maintenance, and repair. The GRANTOR reserves the right to use and occupy said property for any purpose consistent with the right and privilege above granted and which will not interfere with GRANTEE'S use of the property. GRANTEE acknowledges and agrees that in no event will it locate, erect or cause to be located or erected any building or any other structures upon said easement. GRANTEE shall pave and otherwise improve the easement in accordance with plans and specifications therefor approved by City's Director of Public Works. Grantee shall maintain and keep the easement and improvements thereon in good, clean and safe repair and condition. THE EASEMENT hereby granted shall (i) only be used in conjunction with the business conducted on GRANTEE's adjacent property, (ii) not be assignable or transferable to any other person or entity except to a subsequent owner or lessee of GRANTEE's adjacent property, and (iii) automatically terminate upon abandonment or non -use for a period of twelve (12) consecutive months. GRANTEE shall indemnify and hold harmless the GRANTOR from and against any and all claims, expenses (including reasonable attorney fees), liabilities, loss, or damage to property,or injury to or death of persons, caused by or arising, directly or indirectly, out of the construction, installation, maintenance, or use of the easement hereby granted or the acts or omissions of GRANTEE or its lessee, or their respective officers, agents, employees, contractors and invitees. This easement shall be binding upon, and shall inure to the benefit of the successors and assigns of the GRANTOR and GRANTEE. PUEBLO, a Municipal Corporation y -� t President of the City Council IIII IIII IIIII III illll IIII III III IIIII III IIII P 705324 Chris C. Munoz Pueb1OCtyC1k&Reo EASE R 21.00 D 0.00 ME 0 , HC By Na Tit COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO ) The foregoing instrument was acknowledged before me in Pueblo County, Colorado this I L 1 9 A�i day of September , 2006 by Michael Occhiato as President of the City Council and by Gina Dutcher as City Clerk of Pueblo, a Municipal Corporation. my hand and official seal. ;i�OTA14y.. g� mission expires: 8 -21 -2007 S E A U MrrL U A . 1>y Lit" BL •., , • Notary Public OF COLO C Y OF PUEBLO ) ss. STATE OF COLORADO ) The fore oing insment was acknowledged before me in Pueblo County, Colorado this Q, ` " day of ng, tru er 2006 by L j t e (n t l ea as fYlr , lY_� q'- of. HCPN,LLC a Colorado limited liability company. Witness my hand and official seal. My commission expires: C ) aw "o ; • o ! ' •,� Notary Publi or a: g4 . EXHIBIT "A" DESCRIPTION A parcel of land located within the Southeast one - quarter of Section 36, Township 20 South, Range 65 West of the 6 Principal Meridian, in the City of Pueblo, County of Pueblo, State of Colorado, being more particularly described as follows: Beginning at a point at the intersection of the Easterly Right of Way line of Main Street and the South line of Block 1, Historic Riverwalk Project Filing No. 1, 1. Thence N 44° 47' 11" E, along said Easterly line of Main Street a distance of 0.22 feet, 2. Thence S 58° 59' 45" E a distance of 51.81 feet; 3. Thence S 59° 05' 43" E a distance of 23.29 feet; 4. Thence S 63° 44' 41" E a distance of 24.82 feet; 5. Thence S 47° 40' 20" E a distance of 25.06 feet; 6. Thence S 68° 03' 38" E a distance of 47.80 feet; 7. Thence S 66° 50' 34" E a distance of 30.92 feet; 8. Thence S 59° 57' 26" E a distance of 8.26 feet to a point on the South line of Block 1, of Historic Riverwalk Project Filing No. 1; 9. Thence N 76 22' 04" W a distance of 71.97 feet along said line; 10. Thence N 57° 34' 55" W a distance of 142.02 feet along said line to the Point of Beginning. Said Parcel contains 999.25 square feet (0.023acres), more or less. BASIS OF BEARINGS Bearings area based on the East Right of Way line of Main Street which bears N44° 47' 11" E. 1705324 IIIIIII VIII IIIIIII III IIIIII 111111111111111111111111111 : 3 of 4 53P Chris C. Munoz Puebl OCtyClk &Rec EASE R 21.00 D 0.00 Abel Engineering Professionals, Inc. 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