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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 Q,.) N ---1, O_ a O o 3 x .,� U N w T I I O "1. 0 0 tin F Z .3.111101" Im 1 0 I Qi. 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