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