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HomeMy WebLinkAbout11877RESOLUTION NO. 11877 A RESOLUTION GRANTING EASEMENTS BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND PUEBLO SCHOOL DISTRICT 60 AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Easements between the City of Pueblo, a Municipal Corporation, and Pueblo School District No. 60, copies of which are attached hereto, having been approved as to form by the City Attorney, are hereby approved. The President of City Council is authorized to execute and deliver the Easements in the name of the City. SECTION 2. This Resolution shall become effective upon final passage and approval INTRODUCED: May 10, 2010 BY: Chris Kaufman COUNCILPERSON APPROVED: FtE51DENT CF CITY CC) UNCIL ATTESTED BY: GIB' Y CLERK Background Paper for Proposed Resolution DATE: MAY 10, 2010 DEPARTMENT: PUBLIC WORKS DIRECTOR -EARL WILKINSON, P.E., TITLE AGENDA ITEM # M -6 A RESOLUTION GRANTING EASEMENTS BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND PUEBLO SCHOOL DISTRICT 60 AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME ISSUE Should the City Council approve the granting of easements to Pueblo School District 60 for the purpose of construction, maintenance, control and repair for a water service, a water irrigation main, and for a drainage easement that are located within Pueblo Fire Station No. 9 Subdivision. RECOMMENDATION Approval of this Resolution BACKGROUND An existing water service line and water irrigation main servicing Roncalli Middle School (4702 State Highway 78) currently fall within Lot 1 of Pueblo Fire Station No. 9 Subdivision. In addition, stormwater surface drainage from Roncalli's track currently drains across said Lot 1 of Pueblo Fire Station No. 9 Subdivision. These easements will allow Pueblo School District 60 to construct, maintain, control and repair the water service line, irrigation main and appurtenances as needed. The drainage easement provides for the acceptance, treatment, detention and release of stormwater from Roncalli's track area. FINANCIAL IMPACT There is no financial impact to the City associated with the granting of this easement. Reception 1841422 05/14/2010 02:23:35 PM EASEMENT THIS EASEMENT, granted this 10th day of May 2010, by PUEBLO, a Municipal Corporation, GRANTOR, to Board of Education, School District 60, Pueblo, Colorado, a school district organized and - existing under the laws of the State of Colorado, GRANTEE: WITNESSETH: THAT IN CONSIDERATION of the sum of One Dollar ($1.00) and other good and valuable consideration, aFE paid by the GRANTEE, receipt of which is hereby acknowledged, GRANTOR hereby grants to GRANTEE, its successors and assigns, a ten foot wide easement and right of way for the purpose of an irrigation main line, in, through, over, under and across GRANTOR'S property situate in Pueblo County, Colorado, commonly known as Roncalli Middle School located at 4702 State Highway 78 and described as follows: am SEE ATTACHED EXHIBIT A� 0� 01O o TOGETHER WITH the right to enter upon said property for the purpose of construction, maintenance, and m ma repair of said irrigation main line, and together with the right to use so much of the abutting property of GRANTOR as is ° - 2 necessary during construction, maintenance and repair of same. GRANTEE shall repair any and all damage caused to m _ GRANTOR'S abutting property by GRANTEE'S use thereof. GRANTOR reserves the right to use and occupy said vm m' property for any purpose not inconsistent with the right and privilege above granted. If, at any time, Grantor's desired Z!! E use of its property requires relocation of the easement granted herein, or of the Grantee's facilities located within the mw m easement, then in either such event, Grantor and Grantee shall cooperate in the realignment or relocation of the easement y r �; and facilities; provided that, in any event, Grantor hereby reserves the right to relocate the easement and/or facilities by bearing the entire cost of such relocation or realignment. i N-0 v GRANTEE acknowledges and agrees that in no even[ will it locate, erect or cause to be located or erected any building, mobile trailer unit, or any other structures upon said easement. tMu GRANTEE, in consideration of GRANTOR'S grant of this easement and GRANTEE'S use thereof, shall indemnify, defend and hold harmless the GRANTOR, its officers and employees 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 out of the construction, installation, maintenance, or use of the easement hereby granted. "GRANTEE" shall include the plural and the feminine. This easement shall be binding upon and inure to the benefit of the heirs, personal representatives, successors 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 of twenty-four (24) consecutive months. In case of abandonment ofsaid easement, all rights, privileges, and interest granted herein shall terminate except GRANTEE shall not be released or discharged from its indemnification obligations hereunder. ATTEST: City erk PUEBLO, a Municipal 1 Corporation By �X � (J e President of the City Council COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO ) The foregoing instrument was acknowledged before me in Pueblo County, Colorado this 101-1 day of 2010 by GI rq -kAc. o as President of the City Council and by as City Clerk of Pueblo, a Municipal Corporation. d and official seal. expires: .9 1717-011 EXHIBIT A LEGAL DESCRIPTION A parcel of land located in the S '/z of Section 9, Township 21 South, Range 65 West of the 6 P.M. in the County of Pueblo and State of Colorado, being 10 feet in width, 5 feet on each side of the following described centerline: Considering the line between the monument found at the intersection of Chautard Drive and Surfwood Lane and the monument found westerly therefrom at the point of curvature of Surfwood Lane to bear N 88° 55' 29" W. and all bearings contained herein being relative thereto. This monument line defines a segment of the Surfwood Lane right -of- way that was established in Starlite Hills 5 Filing according to the recorded plat thereof as filed for record, Reception No. 508676 in the office of the Pueblo County Clerk and Recorder. This monument line is parallel and 10 feet south of the south line of Section 9, Township 21 South, Range 65 West. Commencing at the southeast corner of Block 1, Pueblo Fire Station No. 9 Subdivision according to the recorded plat thereof as filed for record in the office of the Pueblo County Clerk and Recorder, said point also being on the north right -of -way line of Surfwood Lane as platted in said Starlite Hills 5 Filing: thence, N O 05'29" W a along the east line of said Pueblo Fire Station No. 9 Subdivision distance of 208.85 feet, said point being the Point of Beginning; thence N 88e 47' 59" W a distance of 205.47 feet, thence S 52e 08' 57" W a distance of 182.79 feet, thence N 36° 47' 25" W a distance of 59.87 feet, to a point on the west line of said Pueblo Fire Station No. 9 Subdivision and the Point of Terminus. 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. Q Qn:� 3 &1 /1 Riley nroe Bryan PLS No. 31. 5 Date / p0 UO.O U amp, - ; Po ' Irrigation Main Easement FS 9 Subdivision EXHIBIT A GRASS ASPHALT PARKING LOT W�[ >r.mx, aW�, wax wwt. 318107 SCALE 1'= 100' RONCALLI MIDDLE SCHOOL SPORT TRACK �. I� I GRASS Ell IPPIGPTION MAIN lAI WINI 7 1 3 P T. WW 4759W - - - - -- — P.. B. tip'' I cat 1, Blain 1 PUEBLO FIRE 2n Lo o ��I 1. 9 0 N z I � } -m� I I:� � o F GRASS _ Q SLiBI !V1SON Z a O. 1 N38° 47' 16 "W 52.11 SOUTH L INE OF SEC 9 _ _ CITY MONUMENT MONUMENT SURFWOOD LANE BASIS OF BEARINGS N 88 55'29" W IRRIGATION MAIN EASEMENT FS9 Ch OF BUREAU OF PUBLIC 'WORKS ENGINEERING DINSICN q D OHO 0 COLORADO Reception 1841423 05/14/2010 02:23:35 PM THIS EASEMENT, granted this 10th day of May , 2010, by PUEBLO, a Municipal Corporation, GRANTOR, to Board of Education, School District 60, Pueblo, Colorado, a school district organized and existing under the laws of the State of Colorado, 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 EFE successors and assigns, a easement and right ofway for the purpose of stormwater conveyance and detention in, through, over, under and across GRANTOR'S property situate in Pueblo County, Colorado, commonly known as Roncalli Middle 3 School located at 4702 State Highway 78 and described as follows: L coca SEE ATTACHED EXHIBIT A 0 ror- TOGETHER WITH the right to enter upon said property for the purpose of construction, maintenance, and Nm repair of said stormwater facilities, and together with the right to use so much of the abutting properly of GRANTOR as mma is necessary during construction, maintenance and repair of same. GRANTEE shall repair any and all damage caused to mo 0 GRANTOR'S abutting property by GRANTEE'S use thereof. GRANTOR reserves the right to use and occupy said ° nm a property for any purpose not inconsistent with the right and privilege above granted. If, at any time, Grantor's desired v�p use of its property requires relocation of the easement granted herein, or of the Grantee's facilities located within the N y easement, then in either such event, Grantor and Grantee shall cooperate in the realignment or relocation of the easement and facilities; provided that, in any event, Grantor hereby reserves the right to relocate the easement and/or facilities by a H a bearing the entire cost of such relocation or realignment. m`o 0 GRANTEE acknowledges and agrees that in no event will it locate, erect or cause to be located or erected any v building, mobile trailer unit, or any other structures upon said easement. GRANTEE, in consideration of GRANTOR'S grant of this easement and GRANTEE'S use thereof, shall indemnify, defend and hold harmless the GRANTOR, its officers and employees 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 out of the construction, installation, maintenance, or use of the easement hereby granted. "GRANTEE" shall include the plural and the feminine. This easement shall be binding upon and inure to the benefit of the heirs, personal representatives, successors 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 of twenty-four (24) consecutive months. In case of abandonment of said easement, all rights, privileges, and interest granted herein shall terminate except GRANTEE shall not be released or discharged from its indemnification obligations hereunder. ATTEST: City rk COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO ) PUEBLO, a Municipal Corporation By it//w�r� (nJ. esident of the City Council The foregoing instrument was acknowledged before me in Pueblo County, Colorado this � day of 2010 by L A-Orewe tJ Akhco as President of the City Council and by Ae r as City Clerk of Pueblo, a Municipal Corporation. ,%0TAR),V% s my hand and official seal. --�— M� c mission expires: fl-712—oft pl1BL1C / N6tary Public EXHIBIT A LEGAL DESCRIPTION A parcel of land located in the S ' /2 of Section 9, 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 the line between the monument found at the intersection of Chautard Drive and Surfwood Lane and the monument found westerly therefrom at the point of curvature of Surfwood Lane to bear N 88 55' 29" W. and all bearings contained herein being relative thereto. This monument line defines a segment of the Surfwood Lane right -of- way that was established in Starlite Hills 5th Filing according to the recorded plat thereof as filed for record, Reception No. 508676 in the office of the Pueblo County Clerk and Recorder. This monument line is parallel and 10 feet south of the south line of Section 9, Township 21 South, Range 65 West. Commencing at the southeast corner of Block 1, Pueblo Fire Station No. 9 Subdivision according to the recorded plat thereof as filed for record in the office of the Pueblo County Clerk and Recorder, said point also being on the north right -of -way line of Surfwood Lane as platted in said Starlite Hills 5 Filing: thence, N 0° 05'29" W along the east line of said Pueblo Fire Station No. 9 Subdivision distance of 287.00 feet, said point being the Point of Beginning; thence N 89° 52' 59" W a distance of 156.93 feet, thence S 52° 21' 33" W and parallel to the west line of said Pueblo Fire Station No. 9 Subdivision, a distance of 229.74 feet, thence N 37° 38'27 "W a distance of 30 feet to a point on the west line of said Pueblo Fire Station No. 9 Subdivision, thence N 52° 21' 33" E along said west line of said Pueblo Fire Station No. 9 Subdivision, a distance of 240.00 feet to the north west corner of said Pueblo Fire Station No. 9 Subdivision, thence S 89° 52' 59" E along the north line of said Pueblo Fire Station No. 9 Subdivision a distance of 141.08 feet to the east corner of the north line of said Pueblo Fire Station No. 9 Subdivision, thence S 40° 54' 58" E along the north east line of said Pueblo Fire Station No. 9 Subdivision a distance of 39.77 feet, to the Point of Beginning. 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. •2 24 /> Riley Ivy nroe Bryan PLS No. 319 to " \\\\\I p,0o REG ST /// _ � M 86. � /i ce 395 :o. Drainage Easement FS 9 Subdivision EXHIBIT A N §IBb1e. �YBeU pl PUblk Wab 9- 18 -101Q SCALE 1'= 100' J ASPHALT PARKING LOT GRASS SPORT ,, RONCALLI MIDDLE SCHOOL 39. 30' / N89° 52' 59"W _j 156.93 S52' 21' 33 "W 229.74 NO° 05' 29 "W 287.00 Lot 1, BIo;a 1 N37'38'2T'W PUEBLO FRE 30.00 ;ETA ION ISO. 9 SUBDIMSON P.O. C. SOUTH LIN OF SURFWOODLANE BASIS OF BEARINGS N 88 55'29" W GRASS IN 38 47'16"W / 52.11 V DRAINAGE EASEMENT FS 9 SUB )ITY OF EUREAU OF PJBL:C WORKS ENGINEERING DIVISION COLORADO Reception 1841424 05/14/2010 02:23:35 PM EASEMENT PUEBLO, a Municipal Co By A7Iiz1Uz�� 14), 'President of the City Council The foregoing instrument was acknowledged before me in Pueblo County, Colorado this iD day of 2010 by Loldren[e d A4enc;v as President of the City Council and as City Clerk of Pueblo, a Municipal Corporation. d and official seal. THIS EASEMENT, granted this 10th day of May 2010, by PUEBLO, a Municipal Corporation, GRANTOR, to Board of Education, School District 60, Pueblo, Colorado, a school district organized and existing under the laws of the State of Colorado, 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, a ten foot wide easement and right of way for the purpose of a water service line, in, through, over, under and across GRANTOR'S property situate in Pueblo County, Colorado, commonly known as Roncalli Middle School located at 4702 State Highway 78 and described as follows: SEE ATTACHED EXHIBIT A TOGETHER WITH the right to enter upon said property for the purpose of construction, maintenance, and repair of said water service line, and together with the right to use so much of the abutting property of GRANTOR as is necessary during construction, maintenance and repair of same. GRANTEE shall repair any and all damage caused to GRANTOR'S abutting property by GRANTEE'S use thereof. GRANTOR reserves the right to use and occupy said property for any purpose not inconsistent with the right and privilege above granted. If, at any time, Grantor's desired use of its property requires relocation of the easement granted herein, or of the Grantee's facilities located within the easement, then in either such event, Grantor and Grantee shall cooperate in the realignment or relocation of the easement and facilities; provided that, in any event, Grantor hereby reserves the right to relocate the easement and/or facilities by bearing the entire cost of such relocation or realignment. GRANTEE acknowledges and agrees that in no event will it locate, erect or cause to be located or erected any building, mobile trailer unit, or any other structures upon said easement. GRANTEE, in consideration of GRANTOR'S grant of this easement and GRANTEE'S use thereof, shall indemnify, defend and hold harmless the GRANTOR, its officers and employees 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 out of the construction, installation, maintenance, or use of the easement hereby granted. "GRANTEE" shall include the plural and the feminine. This easement shall be binding upon and inure to the benefit of the heirs, personal representatives, successors 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 of twenty-four (24) consecutive months. In case of abandonment of said easement, all rights, privileges, and interest granted herein shall terminate except GRANTEE shall not be released or discharged from its indemnification obligations hereunder. ATTEST: City erk COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO ) expires: 9 1 - 7Jzo 11 by E9 fi (J J T� NIO �- �"U O EXHIBIT A LEGAL DESCRIPTION A parcel of land located in the S '/z of Section 9, Township 21 South, Range 65 West of the 6 P.M. in the County of Pueblo and State of Colorado, being 10 feet in width, 5 feet on each side of the following described centerline: Considering the line between the monument found at the intersection of Chautard Drive and Surfwood Lane and the monument found westerly therefrom at the point of curvature of Surfwood Lane to bear N 88 55' 29" W. and all bearings contained herein being relative thereto. This monument line defines a segment of the Surfwood Lane right -of- way that was established in Starlite Hills 5 Filing according to the recorded plat thereof as filed for record, Reception No. 508676 in the office of the Pueblo County Clerk and Recorder. This monument line is parallel and 10 feet south of the south line of Section 9, Township 21 South, Range 65 West. Commencing at the southeast corner of Block 1, Pueblo Fire Station No. 9 Subdivision according to the recorded plat thereof as filed for record in the office of the Pueblo County Clerk and Recorder, said point also being on the north right -of -way line of Surfwood Lane as platted in said Starlite Hills 5 Filing: thence, N 88 55'29" W along the south line of said Pueblo Fire Station No. 9 Subdivision distance of 452.48 feet, said point being the Point of Beginning; thence N 06e 46' 44" E a distance of 98.81 feet, to a point on the west line of said Pueblo Fire Station No. 9 Subdivision and the Point of Terminus. 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. � 3 z9 io Riley ]y1,q •oe Bryan PLS No. Y41 5 Date � 4g4 J i Water Main Easement FS 9 Subdivision EXHIBIT A 5 C.L. FENC G �� `� ASPHALT PARKING LOT GRASS Q O SPORT TRACK SCALE 1'= 100' RONCALLI MIDDLE SCHOOL GRASS Lot 1, Biorl 1 P. N6`46'44 "E PUEBLO FIRE 98.81 STA HON NO. 9 ill p � � y - II- 10'WAEREASEMENT �S T �, P.O.B. e 452.48 MONUMENT — — — _ SOUTH LIN SURF WOODLANE BASIS OF BEARINGS N 88° 55'29" W O•Y•N38° 47' 16 "W v WATER SERVICE LINE EASEMENT FS9 CU" OF BUREAU OF PUBLIC WORKS ENCINEERING OIV61ON D Oo COLORADO