HomeMy WebLinkAbout10820RESOLUTION NO. 10820
A RESOLUTION APPROVING AN EASEMENT BETWEEN THE CITY OF PUEBLO AND HCPN,
LLC RELATING TO THE AWNING 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 an awning, 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
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Background Paper for Proposed
RESOLUTION
AGENDA ITEM # (0
DATE: SEPTEMBER 25, 2006
DEPARTMENT: COMMUNITY DEVELOPMENT /JIM MUNCH
PLANNING DEPARTMENT /JIM MUNCH
TITLE
A RESOLUTION APPROVING AN EASEMENT BETWEEN THE CITY OF PUEBLO
AND HCPN, LLC RELATING TO THE AWNING AT 102 SOUTH ONEIDA STREET
AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME
ISSUE
Should City Council approve an easement with HCPN, LLC for the purpose of an
awning located over City's property?
RECOMMENDATION
Approval of the Resolution
BACKGROUND
HCPN, LLC is currently constructing the Cingular building at 102 South Oneida Street,
which is adjacent to the City owned property known as the Historic Arkansas Riverwalk
of Pueblo. The awning along the north side of the building will extend over HARP
property. This easement will allow them to install the awnings on their building and
overhang on City property.
FINANCIAL IMPACT
There is no financial impact to the City
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re: Reso. #10820 Chris C. Munoz PuebloCityC1 D 0.00
EASEMENT
THIS EASEMENT, entered into this le-- day of -r 5 1o' ej/ - a, 2006, by and between
PUEBLO, a Municipal Corporation, GRANTOR and HCPN, LLC, a Colorado limited liability
company, GRANTEE:
WITNESSETH:
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 for the purpose of an awning located
not less than seven feet four inches (7'4 ") above the surface of 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 of such awning. 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, improvement, overhang,
encroachment or any other structures upon the surface ofthe Property or within the space seven feet
four inches (7'4 ") above the surface of the property.
GRANTEE shall maintain and keep the awning in good, clean and safe repair and condition.
THE EASEMENT hereby granted shall (i) not be assignable or transferable to any other
person or entity except to a subsequent owner or lessee of GRANTEE's adjacent property, and (ii)
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- , r- .
PUEBLO, a Municipal Corporation
B
President of the City Council
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COUNTY OF PUEBLO )
) ss.
STATE OF COLORADO )
HCPN, C
By .�iJ
Name: -
Title: ct (9P
�
�� The foregoing instrument was acknowledged before me in Pueblo County, Colorado this
t at day of September , 2006 by Michael Occhiato as President ofthe City Council and
by Gina Dutcher as City Clerk of Pueblo, a Municipal Corporation.
Witness my hand and official seal.
" "'•• . mmon expires: ires: 8 -21 -2007
Tq9
[SEAL]
QWW OF PUEBLO )
) ss.
STATE OF COLORADO )
) C�arL �� , &
N tary Public
- \The for oing instrument was acknowledged befor me in Pueblo County, Colorado this
day of { 2006 by , , e
d1 ay o as �1� crnc (l f
HCPN, LLC a Colorado limited liability company.
Witness my hand and official seal.
My commission expires: I -QC� -U -
OL
Notary Public
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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 on the South line of Block 11, Historic Riverwalk Project Filing No. 1, from
which the intersection of the Easterly Right of Way line of Main Street and said South line bears
N 57° 46' 36" W a distance of 634.02 feet
1. Thence N 35° 15' 27" E, departing said South line, a distance of 5.00 feet,
2. Thence S 54° 44' 33" E, along a line parallel with said South line, a distance of 142.67
feet;
3. Thence S 35° 15' 27" W, to a point on said South line, a distance of 5.00 feet;
4. Thence N 54° 44' 33" W, along said South line, a distance of 142.67 feet to the Point of
Beginning.
Said Parcel contains 713.35 square feet (0.016 acres), 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.
Abel Engineering Professionals, Inc.
August 14, 2006
J.N. 2006 -021
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