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Home My WebLink About11317RESOLUTION NO. 11317 A RESOLUTION ACCEPTING A SANITARY SEWER EASEMENT BY AND BETWEEN PUEBLO, A MUNICIPAL CORPORATION, AND THE GHAMDI /GRASMICH FAMILY BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that SECTION 1. The Easements between the City of Pueblo, a Municipal Corporation, and the Ghamdi /Grasmick Family, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. The President of City Council is authorized to execute and deliver the Easement in the name of the City. SECTION 2_ The Resolution shall become effective upon final passage and approval. INTRODUCED June 23. 2008 BY Vera Ortegon Councilperson PRESIf NT'ei Cif' Council ATTEST D BY Background Paper for Proposed RESOLUTION AGENDA ITEM # q DATE: June 23, 2008 DEPARTMENT: WASTEWATER DEPARTMENT GENE MICHAEL, DIRECTOR TITLE A RESOLUTION ACCEPTING A SANITARY SEWER EASEMENT BY AND BETWEEN PUEBLO, A MUNICIPAL CORPORATION, AND THE GHAMDI /GRASMICK FAMILY ISSUE Should the City Council accept a sanitary sewer easement regarding Lots 4 -6 and E. 7.5 ft. of Lot 7, Block 14, Thatcher & Thomas Addition. RECOMMENDATION Approval of this Resolution. BACKGROUND The Ghamdi /Grasmick Family is granting to the City of Pueblo a 10 -foot wide sanitary sewer easement through lots 4 -6 and E. 7.5 ft. of lot 7, block 14, Thatcher & Thomas Addition for the purpose of maintaining a sanitary sewer main, FINANCIAL IMPACT None. Res, 11317 EASEMENT AND RIGHT OF WAY THIS EASEMENT, granted this a nd day of J U44 a�d<o , by ar i L!dhert ne 6i msMiLk Grantor, to PUEBLO, a Municipal Corporation, Grantee: m o amw 6h&md, -, 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 and right of way for the purpose of a sanitary sewer in, through, over, under and across Grantor's property situated in Pueblo County, Colorado, commonly known as Lots 4 -6 and E. 7.5 ft. of lot 7 Block 14 Thatcher & Thomas Addition and described as follows: (the "Property ") See attached Exhibit A & B TOGETHER WITH the right to enter upon the Property for the purposes of construction, replacement, maintenance, control, and repair, and the right to use so much of the adjoining property of Grantor for said purposes. The Grantor reserves the right to use and occupy the Property for any purpose not inconsistent with the right and privilege above granted and which will not interfere with or endanger any of Grantee's equipment or facilities therein or use thereof Such reservation by the Grantor shall in no event include the right to locate or erect or cause to be located or erected on the Property any building or any other structure or manufactured or mobile home or trailer unit. 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 right -of -way, and (b) will defend Grantee's quiet and peaceful possession of the Property and easement and right -of -way against all persons who may lawfully claim title to the property. "Grantee" shall include the plural and the feminine. This Easement And Right Of Way shall be binding upon, and shall inure to the benefit of the heirs, personal representatives, successors, and assigns of the Grantor and Grantee. SIGNED this _ + day of June A00g GRINT By. By: COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO) The foregoing instrument was acknowledged before me this day pf 1-4tlic a00a by lrt. Od,#er dL hoi - , Witness my hand and official seal. My commission expires: al i a rat �(SEaij!f��!o'- s x' Cn i a / Notary Public 177 EASE 06/25/2008 04:14:57 PM Galbert 3 zC1erk1Reoortl re Pueblo l Counn 0 ty, Co 1111 ��r�r.�,ti�i, n� i�w�� y, r 10MMAi 11111 Res. 11317 EXHIBIT B MEMORANDUM OF UNDERSTANDING AND AGREEMENT WHEREFORE, the City of Pueblo, Colorado, Public Works Department ( "City") and Mohammad Ghamdi and Mary Catherine Grasmick (collectively "Owners ") of 920 W. 10'' Street, Pueblo, Colorado 81003 ( "Property ") and doing business as Mass Service & Supply, LLC, do hereby enter into the following Memorandum of Understanding and Agreement pertaining to the utility easement requested by the City for 920 W. I e Street, Pueblo, Colorado: (1) The City hereby agrees that it will repair any damage it causes to Owners' Property in the process of accessing the property to repair and/or replace any utilities located on Owners' Property which are owned by City and not Owners (i.e. portion of sewer line owned and operated by City). Said repair and /or replacement shall be done promptly, without any expense to Owners and shall restore the Property to the same condition as evidenced by the condition of the Property prior to any entrance and/or work effectuated on Property of City. Owners understand and agree they are personally liable for any repairs and /or damages incurred as a result of any repair and /or replacement of any utility which is their own responsibility (i.e. portion of sewer pipe owned by Owners and not City). (2) City hereby agrees to serve Owners' with adequate notice of any intended repair and /or replacement within at least thirty (30) days prior to said repair and/or replacement of any utilities unless the same is due to an emergency. (3) Owners agree to execute a Utility Easement to the City for the purpose of accessing their Property in the event of a necessity to repair and/or replace utilities owned by the City on Owners' Property. 1773696 EASE 06/25/2008 04:14:57 PM Page: 2 of 3 R 16.00 D 0.00 T 16.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc mill 1��1h9CYu��4iG�G I�WfiP�h��lUf4�k�+�h4��rY4 11111 1 Y r4- CD r-r Conley Street Blake Street ( O V D r D i W * o z m � R D D Vm1 CD a g Z 2 r 7 Z= O D (11 /0 Z g6nN� qYq qYq�� Y S p m ' Ln rrl SN C v D Z O D .Z7 to 0 ND O N { C m m m m V) N m � O x Cn m m to C� r O Z 1 4� r m _ m C4 _ UI N <� 0 W a � � Blake Street 177 EASE 06/25/2008 04:14:57 PM C1 ert Clerk/Recorder, Pueblo 1 Cou Co mill ��A�rwa��u�� 11111 U) CD .-+ ^ma (n C7 D r m cn O ( O V D r D i W * o z m � R D D Vm1 Z a g Z 2 r 7 Z= O D (11 Z g6nN� qYq qYq�� Y S p m Ln rrl SN C v N 177 EASE 06/25/2008 04:14:57 PM C1 ert Clerk/Recorder, Pueblo 1 Cou Co mill ��A�rwa��u�� 11111 U) CD .-+ ^ma (n C7 D r m cn O ( O V D r D i W * o z m u G7 D D Vm1 Z O J D 0 f 0 - Z 2 r 7 Z= O D (11 Z 2 p m V = Ln rrl SN