Loading...
HomeMy WebLinkAbout10961RESOLUTION NO. 10961 A RESOLUTION ACCEPTING CONVEYANCE OF AN EASEMENT FROM HCPN, LLC TO CONSTRUCT IMPROVEMENTS ASSOCIATED WITH THE PUEBLO MUNICIPAL PARKING GARAGE PROJECT LOCATED AT 100 SOUTH MAIN STREET WITHIN PUEBLO, COLORADO WHEREAS, HCPN, LLC, a Colorado limited liability company has granted the attached easement to the City of Pueblo; and WHEREAS, such easement is necessary to enter onto property legally described in the attached easement to remove, relocate or replace existing structures; to install landscaping; to construct, install, repair and maintain curb, gutters, driveways and pedestrian -way improvements associated with the Pueblo Municipal Parking Garage project (hereinafter referred to as the "Easement'); NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Easement granted, copies of which are attached hereto, having been approved as to form by the City Attorney, are 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 March 26, 2007 APPROVED: ESID NTof City Council ATTESTED BY: CITY CLERK BY Randy Thurston Councilperson ✓ m( Background Paper for Proposed RESOLUTION AGENDA ITEM # 9 DATE: MARCH 26, 2007 DEPARTMENT: COMMUNITY DEVELOPMENT /JIM MUNCH PLANNING DEPARTMENTMIM MUNCH TITLE A RESOLUTION ACCEPTING CONVEYANCE OF AN EASEMENT FROM HCPN, LLC TO CONSTRUCT IMPROVEMENTS ASSOCIATED WITH THE PUEBLO MUNICIPAL PARKING GARAGE PROJECT LOCATED AT 100 SOUTH MAIN STREET WITHIN PUEBLO, COLORADO ISSUE Should the City Council accept an easement from HCPN, LLC for the purpose of constructing improvements associated with the Pueblo Municipal Parking Garage project? Approval of the Resolution. The City, in conjunction with the Pueblo Urban Renewal Authority and the Pueblo Main Street Parking Corporation, will begin building a parking garage within the next 60 days that will park approximately 740 vehicles on the Municipal Complex. The garage will be constructed along the northeasterly property line of City property, adjacent to the newly constructed Cingular building. Cingular will occupy 297 of the parking spaces for their use. The City needs this easement to construct improvements on private property associated with the parking garage. FINANCIAL IMPACT There is no financial impact to the City associated with this easement. Resolution # 10961 VIII IIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIII III Page: 02 e?aav Gilbert Ortiz PuebloCtyClk&Reo EASE R 21.00 D 0.00 EASEMENT THIS EASEMENT, granted this P day of March, 2007, by HCPN, LLC, a Colorado limited liability company (collectively herein, the "Grantor ") to Pueblo, a municipal corporation (the "Grantee ") WITNESSETH: THAT IN CONSIDERATION of the sum of One Dollar ($1.00) and other good and valuable consideration, paid by the Grantee, receipt and sufficiency of which is hereby acknowledged, Grantor hereby grants to Grantee, its successors and assigns, a non - exclusive easement in, through, over, under and across Grantor's property situated in Pueblo County, Colorado, and described in Exhibit "A & B" attached hereto and incorporated herein, for the following purposes: to remove, relocate or replace existing structures; to install landscaping; to construct, install, repair and maintain curb, gutters, driveways and pedestrian-ways; and to access the adjacent public right -of -way over and across such driveways and pedestrian -ways, TOGETHER WITH the right to enter upon and use so much of the adjoining property of Grantor for said purposes. Grantor warrants to Grantee that Grantor (a) has good and sufficient right and title in and to the property and full power to grant this easement, and (b) will defend Grantee's quiet and peaceful possession of the easement against all persons who may lawfully claim title to the property. The Easement is non - exclusive as to Grantor, and Grantor may continue to use the Easement Property for any purpose which does not interfere with Grantee's rights. Grantee agrees to repair and restore to Grantor's reasonable satisfaction any portions of Grantor's Property damaged by Grantee in connection with the easement granted herein This Easement shall automatically terminate upon termination of the Parking Permit dated Decemberl0, 2006 between Grantee and AT &T Mobility, LLC f/k/a Cingular Wireless, LLC as provided for therein. This easement shall be binding upon, and shall inure to the benefit of the successors and assigns of the Grantor and Grantee. SIGNED this ,a day of March, 2007. 9 Title: I IaAavo Z S Ai e" [ACKNOWLEDGEMENT TO FOLLOW] STATE OF COLORADO