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Home My WebLink About11510RESOLUTION NO. 11510 A RESOLUTION APPROVING THE GRANT OF A NOW EXCLUSIVE EASEMENT AND RIGHT OF WAY TO THE BOARD OF WATER WORKS OF PUEBLO, COLORADO AND AUTHORIZE THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The attached non - exclusive Easement and Right of Way for the installation of a water main between the City of Pueblo, a Municipal Corporation, and the Board of Water Works of Pueblo, Colorado, after having been approved as to form by the City Attorney, is hereby authorized and approved. RFr.TinNV 9 The President of the City Council is authorized to execute and deliver the non- exclusive Easement and Right of Way in the name of the City of Pueblo and the City Clerk is directed to affix the seal of the City thereto and attest same. E INTRODUCED: January 12. 2009 BY: Randy Thurston Councilperson APPROVED:'— PRESIDENTof City Council µw� E 6 _. ...... , 6 Background Paper for Proposed RESOLUTION AGENDA ITEM # 5 DATE: JANUARY 12, 2009 DEPARTMENT: PUBLIC WORKS INTERIM DIRECTOR - MICKEY BEYER, P.E. TITLE A RESOLUTION APPROVING THE GRANT OF A NON - EXCLUSIVE EASEMENT AND RIGHT OF WAY TO THE BOARD OF WATER WORKS OF PUEBLO, COLORADO AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME. ISSUE Should the City Council grant a non - exclusive Easement and Right of Way to the Board of Water Works of Pueblo, Colorado. RECOMMENDATION Approval of this Resolution. BACKGROUND This non - exclusive Easement and Right of Way will allow the construction of a water main line in future Greenhorn Drive prior to the dedication of Greenhorn Drive as a pubic right of way. This water main line will aid in the development of the Saint Charles Industrial Park Area. FINANCIAL IMPACT None. Reflo. It510 179a239 R_0 u 01/16/2009 01 56:38 PO Pa t! a P 21.00 0 0.00 i 21.00 Gl r e14z clerklPacortle- Pueblo County eo ' ®III 1 IT 11111 II101I wit wrIY4TV101YIN 11111 NON - EXCLUSIVE EASEMENT AND RIGHT OF WAY (City is Grantor) THIS NON - EXCLUSIVE EASEMENT AND RIGHT OF WAY, granted this 12 day ofJanuary, 2009, by PUEBLO, aMunicipal Corporation, GRANT OR, to Board of W clear Works of Pueblo, Colorado whose legal address is 319 W. 4'" Street. Pueblo, Colo ig]0 81003, GRANTEE, W'ITN E S S EI "II. THAT IN CONSIDERATION of the sum of Onc Dollar (S 1.00) and other good and valuable consideration paid by the GRANTEE, receipt of which is hereby acknowledged, GRANTOR hereby grants to GRAN TEE, its successor and asa ms, a non- exclusive 80 fear wide casement and right of way for thepmpose of installation of a water main and appurtenances, in through, over, under and across GRANTOR'S property situated in Pueblo County, Colorado, and demtibed on attached Exhibit A. TOGETHER WITH the right to enter upon said property Car t purpose of construction, maintenance, and repair, and together with the right to use so much of the abutting property ofGRANTOR reasonably necessary for said purposes, GRANTEE shall rcpairany and all damage caused It) GRANTOR'S abutting property by GRANTEE'S use thereof. GRANTOR reserves the right to use and permit others to use and occupy said property far any purpose not inconsistent with the right and privilege above granted and which will not unreasonably interfere with or endanger any of Grantee s equipment or facilities therein of use thereof. GRANTEE acknowledges and agrees that in no event will it locate, ender cause to he located or erected any building, mobile trailer unit, or any other srmcnuea upon said casement. GRANTEE, in consideration of GRANTOR'S grant of this easement and GRANTEE'S use thereof, shall indemnify, defend and held hairless the GRANTOR, its officers and employees from and against any and all claims, expenses Cmcludiog reasonable attorney fees), liabilities, loss, or damage to property or injury, to or death of persons, caused by or arising out of the construction, installation, maintenance, or use of the easement hereby granted ' GRANTFE'shall include the plural and the feminine 'Eris casement shall be binding upon and inure tons: benefit of the held, personal representatives, successor or assigns of the GRANTOR and GRANTEE. This easement shall be deemed abandoned if it is not used for its stated purpose for a period oftweaty -four (24) consecutive months. In cescof abandonment of said easement, all rights, EDvilegos, and interest granted herein shall terminate except G RANTEE shall not be released or discharged from its indenmificadr n obligations hereunder. Municipal Corporation ATTEST. COUNTY OF PUBRi3O ) �,0 S— III STATE OF COL91tA130 ) The foregoing instrument was acknorvlsol cd before me in Pueblo County, Colorado this /2 day of �( p(q /' 200 by lkra Or le S5ot as President of the City Council and by a µ y,i�Las City Clcrkof Pucbla,a'afrmicfpal Corporation. 4 Winters my hand and official seal. ` 4 4 s N OjAFZ YvIYst+itlrnission expires: 97 / /// ;70 8 'r- ar P No Ibhc 179323a R 0 W 01/16/2009 01:56'38 Pn P : 2 aF 9 F 21.00 D 0.00 r 21.00 G, Ortiz uervraecc,der, cuemo county, co AIIIMY AIIIIAl ,16MLMM KI RIA0411III EXHIBIT A NON- EXCLUSIVE WATER UTILITY EASEMENT LAND DESCRIPTION A non - exclusive easement and right of way for a water main line and appurtenances located in a portion of the SE' /, of Section 26 and the NE ''/ of Section 35, Township 21 South, Range 65 West of the 6" P.M. in the County of Pueblo and State of Colorado being more particularly described as follows: Considering a portion of the South line of the NE %4 of Section 35, Township 21, South, Range 65 West of the 6'" P.M. to bear N. 89 42" 11" W., and all bearings contained herein being relative thereto. Ix3ta"M Commencing at the E'''A corner of Section 35; thence N. 19 19' 07" W., a distance of 5952.29'to the Point of Beginning, thence S. 03 2 P 00" W., a distance of 2456 -89 feet to a point, said point also being the northeast corner of public utility easement and right of way reception no. 1779797; thence northwesterly along an arc of a curve to the right whose radius is 540.00 feet and whose center bears S. 86 48' 12" E., a distance of 296.25 feet to a point, said point also being on the Easterly right -of -way line of Colorado Interstate No. 25 as presently located; thence N. 03 21' 00" E. and along the Easterly right -of -way line of said Colorado Interstate No. 25, a distance of 1973.19 feet; thence S. 86 46" E, a distance of 1.81 feet; thence N. 24 29' 17" E., a distance of 216.83 feet to the Point of Beginning. Said parcel containing 4.15 acres, more or less. PAGE 1 OF 3 1793238 R_0 W 01/15/2009 01:5638 PkI e Pa : 3 of 4 R 21.00 C 0.00 T 21,00 6, Page, Ortiz Clerk /Recorder Puerto County Cc mill rim W!dMRIFM141I1 d W WRIVIPW IN'd 11111 PARCEL B Commencing at the E 1 /0 comer of Section 35; thence N. 60 06' 21" W., a distance of 2564.33 feet to the Point of Beginning; thence S. 03e 21' 00" W., a distance of 1268.32 feet to a point, said point being on the South Line of the NE t/4 0£ said Section 35 and the north east comer of a public utility easement and right of way reception no. 1785464; thence N 89 42' 11" W., and westerly along the South Line of the NE 'A of said Section 35, a distance of 80.11 feet to a point, said point also being on the Easterly right -of -way line of Colorado Interstate No. 25 as presently located; thence N. 03 21' 00" E and along said Easterly right -of -way of Interstate No. 25, a distance of 990 -42 feet to a point that is the southwest comer of a public utility easement and right of way reception no. 1779797; thence southeasterly along an arc of a curve to the right whose radius is 540.00 feet and whose center bears S. 86° 48' 12" E., a distance of 297.02 feet to the Point of Beginning. Said parcel containing 2.17 acres, more or less. I, Riley Monroe Bryan, being a licensed Land Surveyor in the State of Colorado, do hereby state that this land description and exhibit, being made a part hereof, were prepared under my responsible charge and are accurate to the best of my knowledge, information and belief. Riley Mornoc Bryan Colorado P.L.S. 31925 CITY OF PUEBLO, BUREAU OF PUBLIC WORKS December 24, 2008 v . PAGE 2 OF 3 NOTE THIS EXHIBIT E NO-PPEPAREO AS A MONUMENTED LAND SURVCY, AND WAF UNIY PREPARED TO DEPICT THE ATTACHED LAND D ESC RATES SCALE I" =1000' EXHIBIT A LEGEND — • FOUND NO REBAft WITH 114 ALUMINUM CAP Q FOUND NO 4 MER " WITH 1 DIAMETER WHITE PLASTIC CAP j (INSIDES DIAMETER STEEL PIPE) FOR POINT OF BEGINNING PO.C. POINT OF COMMENCEMENT I� GREEHNORN DRNE N 24 29' 17" E - - - - -_- 216.83' S 86 37' 46" E -" 1.81' N 03 21'00" E 1973.19' EASTRAISTRES WAY us EASEMENTAND RIGHT OF WAY R EC. 1779 P.O.B. - PARCEL B a R= 540.00' D= 31 ° 30' 52' - - -- - - - - -- L= 297 02 S03 °21'00 "W - -- 126632' N 030 21'00" E -' 990.42' EASEMENT AND RIGHT OF WAY — REC. 1785464 I s CITY OF PUEBLO BUREAU OF PUBLIC WORKS 23 24 26 25 e !'7 EASEMENT AND R.O.W. Y REC. 1780894 A ' P.O.B. -PARCEL I\ \ �S03 °21'00 "W y 2456.89' \ R = 540.00' \ - D= 31'25'59• \� L = 296 25' All ' See'Ae 12 \ rm 26 25 - — `t 0�� 35 36 yr NE 114 \ � I \ � , BEEFE \\ IN �I —BA SIS of BEA 1 7 39 -9 N 09" 02' 11" W 23]] 2 l P GC - ` N89 °42'11 "W l ��t— 80.11' SE 114 PAGE 3 OF 3