HomeMy WebLinkAbout12022RESOLUTION NO. 12022
A RESOLUTION GRANTING AN EASEMENT TO THE
BOARD OF WATER WORKS OF PUEBLO, COLORADO
AND AUTHORIZING THE PRESIDENT OF THE CITY
COUNCIL TO EXECUTE SAME
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The attached Easement for the construction, operation and maintenance of a
water pump station and appurtenances 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.
SECTION 2.
The President of the City Council is authorized to execute and deliver the
Easement 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.
INTRODUCED: November 22, 2010
BY: Leroy Garcia
COUNCILPERSON
Background Paper for Proposed
RESOLUTION
DATE: NOVEMBER 22, 2010 AGENDA ITEM # M-3
DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT
JERRY M. PACHECO, DIRECTOR
TITLE
A RESOLUTION GRANTING AN EASEMENT 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 an Easement to the Board of Water Works of Pueblo,
Colorado?
RECOMMENDATION
Approval of the Resolution.
BACKGROUND
This Easement will allow the construction, operation and maintenance of a water pump
th
station and appurtenances adjacent to North 27 Lane north of William White
Boulevard. This water pump station is necessary for the water demand requirements of
the Black Hills Power Plant currently under construction.
FINANCIAL IMPACT
None.
Reso No 12022 18 EASE 12/01/2010 03 47 12 PM
Galbe Ort z Pueblo 00y Co
III In mill !Iire141:19VOMNRIIILliai B 111
EASEMENT
KNOW ALL MEN BY THESE PRESENTS That the undersigned City Of
Pueblo, a Municipal Corporation, 1 City Hall Place, Pueblo, Colorado, 81003, of the
County of Pueblo, State of Colorado, hereinafter called the "Grantor ", in consideration of
the sum of One Dollar and other valuable consideration, to the undersigned in hand paid
by the BOARD OF WATER WORKS OF PUEBLO, COLORADO, 319 W 4 Street,
Pueblo, Colorado, 81003, hereinafter referred to as the "Board ", which controls, manages
and operates the municipal water works system of the City of Pueblo, in the County of
Pueblo, and State of Colorado, the receipt whereof is hereby acknowledged, hereby
grants to the Board, its successors and assigns, an easement and right -of -way to construct,
maintain, change, renew and operate a water pump station and appurtenances, including a
subsurface water main or water mains, for the pumpage, conveyance and carnage of
water over, upon along and under a strip of land owned by the Grantor in the County of
Pueblo, State of Colorado, described as follows
The northerly 118 feet of Parcel A, Lot Line Rearrangement 2001 -007
(County Parcel No 0426008004) Said easement shall contain 0 50
acres, more or less, as shown on the attached and incorporated Exhibit
"A" (the Easement Property ") together with the right of ingress and
egress from said Easement Property for the foregoing purposes
Grantor covenants and agrees that said ingress and egress shall not be impeded by
the construction of masonry walls or fences, or other structures that effectively prevent
ingress and egress by vehicles or equipment of the Board. Further, Board shall have the
right, at its own expense, to make temporary openings in metal, wire or wooden fences,
except the Pueblo Memorial Airport perimeter fence, without prior written permission, to
permit such ingress or egress by vehicles or equipment of the Board.
TO HAVE AND TO HOLD said Easement Property for so long as the same shall
be used for the purposes aforesaid, said easement of right -of -way to cease if and when
said Easement Property shall have ceased to be used for said purposes for a continuous
period of twenty four months.
The Grantor covenants and agrees for itself, its successors and assigns, not to
erect any permanent building or structure within the limits of said Easement Property
without the Board's consent, and the Board, its successors and assigns, shall have the
right to remove objects interfering with the ingress and egress to, and the construction,
maintenance, operation, control and use of said pump station and water main or water
mains upon the Easement Property
The Board covenants and agrees to maintain all rights and access to the existing
25 -foot wide easement granted to Southern Colorado Power, as recorded in Book 1294,
Page 488 of the Pueblo County Clerk and Recorder and as shown on Exhibit "A" hereon,
as a condition upon the Board's use of the Easement Property
1860571 EASE 12/01/2010 03 47 12 PM
Page 2 of 3 R 2 100 D 0 00T21 00
Gilbert O rtiz Clerk /Recorder Pueblo Co Co
11111
The easement and right -of -way hereby granted is subject to the right of the
Grantor, its successors and assigns, to pass over, across, along and upon said Easement
Property and otherwise use the surface thereof, provided such passage and use shall not
be inconsistent or interfere with the use of said Easement Property by the Board, its
successors and assigns, for the purposes aforesaid.
Signed and sealed this aa4D day of f4ovE 6 ER , 2010
PUEBLO, a Municipal Corporation
By . .� _
�:. President of City Counci
ATTEST
City Cler
STATE OF COLORADO)
) SS
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me this 2 02 day of
MJGn --beV , 2010 by LittJrencc. W efiGiO ,
as President of City Council and by Gina Dutcher as City Clerk of Pueblo a Municipal
Corporation.
Giii .y • � g 7 zv // W ITNESS my hand and official seal.
My co ��',,� bnexp����� Y
149 • $OTAR y • '
x :
P UBLIC
'�t No Public
ACCEPTED ACCORDING TO ITS TERMS
COC
Alan C. Hamel, Executive Director
Board of Water Works of Pueblo, Colorado
Easement -Pump Station
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