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HomeMy WebLinkAbout04815 .t, ORDINANCE NO 4815. AN. ORDINANCE ;APPROVING AN AGREEMENT BETWEEN, PUEBLO, `° A MUNICIPAL" CORPORATION, ERNEST W HAHN, . INC,.` A ::; CALIFORNIA..CORPORATION AND,'CONNECTICUT GENERAL LIFE INSURANCE ':COMPANY, A CONNECT.I_CUT CORPORATION COVERING THE CONSTRUCTION , "MALNTENANCE "AND OPERATION OF A BIKE PATH `.IN DILL -HAHN COMPANY SUBDTVISION' "AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL`TO.EXECUTE_SAME BE IT..'ORDAINED 'BY THE CITY COUNCIL OF THE CITY OF PUEBLO, : : COLORADO, that . SECTION.. `1 The Easement Deed- Agreement dated July:1 1976 between Pueblo, a Municipal Co ,, ' • rporat:1_ , Ernest W. H I, .., a.California Corporation Con- necticut'General Life Insurance: Company, A Connecti.cut'Corporat : on covering the. ' construction, a o peration of • a bike path in Dill -Hahn 'C Subdivision'havin been roved by theCit Attorney, i`s hereby a roved: 9 pp y Y Y Y PP : SECTION 2 The President of the City Council'is: hereby authorized and directed t execute said A reement for, and ;.on behal f of .t g he "City and` the City = .Clerk - i s directed to :attest' same an affix the seal' of the. City thereto. • • INTRODUCED November 10 , ,1980 . BY MIKE SALARDINU .. ; ; " - . .,Councilman APPROVED: - ,President, °of the. Counc : :: ATTEST i.t/ C1- 652691 / / 0, DEC 151980 BOOK2054 PAGE 94 le: RECORDED JON H. GIGUERE, Recorder PUEBLO CO4ft'TY, COLORADO EASEMENT DEED AGREEMENT THIS EASEMENT made and entered into this 1st day of July , 1976 by and between ERNEST W. HAHN, INC., a California corporation (hereinafter referred to individually as "Hahn ") and CONNECTICUT GENERAL LIFE INSURANCE COMPANY, a Connecticut corporation (hereinafter referred to individually as "Con Gen "), tenants in common (Hahn and Con Gen being here- inafter referred to collectively as "Grantor "), and the CITY OF PUEBLO, a municipal corporation of the County of Pueblo, State of Colorado, (hereinafter referred to as "Grantee "). R E C I T A L S: WHEREAS, Grantor is the owner of certain real property located in the City of Pueblo, County of Pueblo, State of Colorado, hereinafter called "Property "; and WHEREAS, pursuant to prior Agreement between Hahn and the Grantee, Hahn has constructed at its expense a paved path with landscaping over a portion of said property described in Exhibit "A ", and Grantor intends to convey an easement to Grantee over said portion of said Property described in Exhibit "A" (which portion of. the Property is hereinafter referred to as the "Path ") for purposes of maintaining thereon a recreational path for use by the general public. NOW, THEREFORE, it is agreed as follows: 1. Grantor, for the consideration of $10.00 and other valuable consideration in hand paid, hereby conveys jointly and severally to Grantee an easement 12 feet in width on, over, through and across the Path portion of the Property for the maintenance, repair, replacement and removal of a roadway solely for use by the general public as a surfaced pathway for walking, jogging and riding nonmotorized bicycles as well as the irriga- tion and maintenance of decorative planting thereon. -1- BOOK 2054 PAGE 95 2. This easement is conveyed to Grantee in perpetuity. 3. Grantee agrees to hold harmless and indemnify Grantor jointly and severally from and against any and all claims for injury to persons or damage to property resulting from the use of the Path by the Grantee, its visitors, agents or em- ployees, as well as members of the general public. Grantee agrees to exercise reasonable care and diligence as to the general public's use and enjoyment of the Path, and Grantee further agrees to assume all liability for damage to said Path which may be caused by the negligence, whether active or passive of Grantee, its visitors, agents or employees qr caused by the day -to -day use of said Path by the aforementioned general public. During the term of this Instrument, the Grantee shall pro- cure and maintain in full force and effect, at its sole cost, bodily injury liability insurance with limits of not less than $100,000.00 per person and $500,000.00 per occurrence insuring against any and all liability of the insured with respect to said Path or arising out of the maintenance, use or enjoyment thereof. Grantee also agrees to either (i) procure and maintain property damage liability insurance with a limit of not less than $50,000.00 per accident or occurrence or (ii) self- insure for such property damage liability insurance in the amount specified herein. All such bodily injury liability insurance and property damage liability insurance shall specifically name each Grantor herein as an additional assured and shall specifically insure the per- formance by the Grantee of the indemnity agreement as to liability for injury to or death of persons and injury or damage to property in this Paragraph 3 contained. 4. Grantee agrees to maintain, repair and replace at its sole cost and expense the Path in connection with the use and benefit thereof. -2- BOOK ,54 PACE 96 . 5. The City shall establish reasonable rules and regulations governing the general public's use and enjoyment of the Path. This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any or all representations or modifications concerning this instrument shall be of no force and effect excepting the subsequent modification in writing signed by the party to be charged. In the event of any controversy, claim or dispute relating to this instrument or the breach thereof, the prevailing party shall be entitled to recover from the losing party reasonable expenses, attorney's fees and costs. This instrument shall bind and inure to the benefit of the successors and assigns of the Grantor. This instrument may not be assigned by the Grantee. IN WITNESS WHEREOF, the parties hereto have executed this Easement Agreement the day and year first above written, �a ' ce. GRANTOR ERNEST W. HAHN, INC . yy % . ,e.. ' F-r •• .• ri C 1i ' li ' t .9 By A • Q eilq ` � i ►�� - �� �.`' And + - / .I /_ i. i �' ' :� ���``� �+ r , . Stocker , Secret°ryvrr, „, 0 CONNECTICUT GENERAL LIFE' IN plm.i. ' .. COMPANY BY — . 1 v .• �`.. '` z - . 'c un:s, z; e S�' '••.'s.••• c� GRANTEE CITY OF PUEBLO, `Mu n1'cipk corp By /.`.` r� �• President o ity- Ekciunc • 1 t � � ft ,. �► ” 1"* Approved As To Form 'ti -`'' c Q City orney -3- BQOK 2054 PAGE 97 STATE OF CALIFORNIA ) SS. COUNTY OF LOS ANGELES ) On /!, /, y./ / / /5 0.1/ , before me, the under- signed, a otary Public in and for said State personally appeared ��,, � . .v 6 42 _ _ C Qom, known to me to be the_ President and o-c � , , known to me to be Secretary of the corporation that executed the wit}-fin Instrument, known to me to be the persons who executed the within Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within Instrument pursuant to its by -laws or a resolution of its board of directors. cat r,u'i . .L '0 ‘"Ii ` TARA CLOPP Z ai &/;y;, :[: ` r NOTARY PUBLIC- CALIFORMA q\( ' �a . . , ::a: ' , / LOS ANGELES COUNTY Notary Public u „- My Commission Expires Dec. 9, 1983 e STATE OF CONNECTICUT ) SS. COUNTY OF HARTFORD ) On August 26, 1980 , before me, the under- signed, a notary Public in and for said State personally appeared David G. Pr,tyne known to me to be the Second Vice President, and Rirharr1_ H_ K„ p h,inr.s , known to me to be Secretary of the corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within -;\ Instrument;' pursuant to its by -laws or a resoltuion of its board P'' .off' ,directors. , C A . ". lyi„.+A to . (n,,,,-,f 4 ,,, t 4 ,0 1 6„ A ,, 2 / 4/ i " ..,„ ry, P 7 . xl " c Jeann -tte M. •. uza ef • om n © Expires March 3 , 1985 \, * 0 ? () - ' STATE OF COLORADO ) ) SS. COUNTY OF PUEBLO ) On ©4--m .rAf 1f, Aq /Q , before me, the under - s:i gned,-,a notary Public in and for said State personally appeared ® known to me to be the and , W '' 6l. ` king; , to/ to to bed .,,,; y „ , / � „.. ., of the corporation that / • .••• "n ci � d ,the within Instr i egg• , known to me to be the persons who Y' . .. � ecut" th'e within Instrument on behalf of the corporation therein � '; w � c1A $nd`;acknowledged to me that such corporation executed the .z. .,w ' `:instrument pursuant to its by -laws or a resolution of its i--> =:"l . ... a , irectors. � ` f Nota ' P.. //-2,r-/MI -4- B_001 2054 PAGE 98 LEGAL DESCRIPTION - BIKE PATH A PARCEL OF LAND SITUATED IN THE CITY OF PUEBLO, COUNTY OF PUEBLO, STATE OF COLORADO, BEING A PORTION OF A PARCEL OF LAND LOCATED IN THE NORTHEAST 1/4 OF SECTION 24 AND THE SOUTHEAST 1/4 OF SECTION 13, BOTH IN TOWNSHIP 20 SOUTH, RANGE 65 WEST, 6TH P.M. AND THE SOUTHWEST 1/4 OF SECTION 18 AND THE NORTHWEST 1/4 SECTION 19, BOTH IN TOWNSHIP 20 SOUTH, RANGE 64 WEST, 6TH P.M., MORE PARTICULARLY BEING PORTIONS OF LOTS 6, 7, 8A AND 9 AS SHOWN ON A MAP THEREOF TITLED "AMENDED PLAT OF DILL -HAHN CO. SUB - DIVISION" RECORDED IN BOOK 1824, PAGE 243 UNDER INSTRUMENT NO. 501885 ON FILE IN THE OFFICE OF THE RECORDER OF SAID COUNTY OF PUEBLO AND DES- CRIBED AS FOLLOWS: A STRIP OF LAND 12.00 FEET IN WIDTH MEASURED WESTERLY AND SOUTHERLY OF A LINE DESCRIBED AS: BEGINNING AT THE MOST SOUTHEASTERLY CORNER OF LOT 9; THENCE NORTH 0 °10'00" WEST A DISTANCE OF 110.00 FEET; THENCE NORTH 89 ° 50'00" EAST A DISTANCE OF 57.06 FEET TO THE TRUE POINT OF BEGINNING OF THE LINE HEREIN DESCRIBED; THENCE NORTH 5 ° 49'45" WEST A DISTANCE OF 370.50 FEET TO A POINT ON A NONTANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 500.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 82 °08'34" EAST; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 6 ° 55'37 ", AN ARC DISTANCE OF 60.45 FEET TO THE END OF SAID CURVE; THENCE TANGENT TO SAID CURVE NORTH 14 ° 47'03" WEST A DISTANCE OF 69.90 FEET TO THE POINT OF BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 500.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 75 ° 12'57" WEST; THENCE ALONG SAID LAST - MENTIONED CURVE THROUGH A .CENTRAL ANGLE OF 29 ° 14'06 ", AN ARC LENGTH OF 255.12 FEET TO END OF SAID CURVE; THENCE TANGENT TO SAID LAST- MENTIONED CURVE NORTH 14 ° 27'03" EAST A EXHIBIT "A" Page 1 of 3 BOOK 2054 PAGE 99 DISTANCE OF 49.42 FEET TO THE POINT OF BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 500.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 75 ° 32'57" EAST; THENCE ALONG SAID LAST - MENTIONED CURVE THROUGH A CENTRAL ANGLE OF 29 ° 14'06 ", AN ARC LENGTH OF 255.12 FEET TO THE END OF SAID CURVE; THENCE TANGENT TO SAID LAST- MENTIONED CURVE NORTH 14 ° 47'03" WEST, A DISTANCE OF 58.97 FEET TO THE POINT OF BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 500.00 FEET, A RADIAL TO SAID POINT BEARS SOUTH 75 °12'57" WEST; THENCE ALONG SAID LAST- MENTIONED CURVE THROUGH A CENTRAL ANGLE OF 1 50 ° 14'03 ", AN ARC LENGTH OF 438.38 FEET TO THE END OF SAID CURVE; THENCE NORTH 35 ° 27'00" EAST A DISTANCE OF 193.92 FEET TO THE POINT OF BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 500.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 54 ° 33'00" EAST; THENCE ALONG SAID LAST- MENTIONED CURVE THROUGH A CENTRAL ANGLE OF 50 °14'03 ", AN ARC LENGTH OF 438.38 FEET TO THE END OF SAID CURVE; THENCE TANGENT TO SAID LAST- MENTIONED CURVE NORTH 14 ° 47'03" WEST A DISTANCE OF 59.95 FEET TO THE POINT OF BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 500.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 75 ° 12'57" WEST; THENCE ALONG LAST - MENTIONED CURVE THROUGH A CENTRAL ANGLE OF 29 ° 14'06 ", AN ARC LENGTH OF 255.12 FEET TO END OF SAID CURVE; THENCE TANGENT TO SAID LAST- MENTIONED CURVE NORTH 14 ° 27'03" EAST A DISTANCE OF 90.38 FEET TO THE POINT OF BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 500.00 FEET, A RADIAL TO SAID POINT BEARS SOUTH 75°32'57" EAST; THENCE ALONG SAID LAST- MENTIONED CURVE THROUGH A CENTRAL ANGLE OF. 29 ° 14'06 ", AN ARC LENGTH OF 255.12 FEET TO THE END OF SAID CURVE; THENCE EXHIBIT "A" Page 2 of 3 BOOK 2054 PAGE 100 • TANGENT TO SAID LAST- MENTIONED CURVE NORTH 14 °47'03" WEST, A DISTANCE OF 69.90 FEET TO THE POINT OF BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 500.00 FEET, A RADIAL LINE TO SAID POINT SOUTH 75 °12'57" WEST; THENCE ALONG SAID LAST - MENTIONED CURVE THROUGH A CENTRAL ANGLE OF 14 ° 37'03 ", AN ARC LENGTH OF 127.56 FEET TO THE END OF SAID CURVE; THENCE TANGENT TO SAID LAST - MENTIONED CURVE NORTH 0 WEST A DISTANCE OF 31.55 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 110.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 89 ° 50'00" EAST; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 47 ° 00'00 ", AN ARC LENGTH OF 90.23 FEET TO THE END OF SAID CURVE; THENCE TANGENT TO SAID LAST- MENTIONED CURVE NORTH 47 ° 10'00" WEST A DISTANCE OF 289.56 FEET TO THE POINT OF BEGINNING OF A TANGENT CURVE SOUTHWESTERLY AND HAVING A RADIUS OF 403.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 42 ° 50'00" EAST; THENCE ALONG SAID LAST - MENTIONED CURVE THROUGH A CENTRAL ANGLE OF 43 °54'28 ", AN ARC LENGTH OF 308.83 FEET TO A POINT OF REVERSE CURVATURE WITH A CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 6,077.80 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 1 ° 04'28" EAST; THENCE ALONG SAID LAST- MENTIONED CURVE THROUGH A CENTRAL ANGLE OF 2 °38'52 ", AN ARC LENGTH OF 280.87 FEET TO A POINT ON SAID LAST - MENTIONED CURVE AND THE TERMINUS OF THE LINE HEREIN DESCRIBED. EXCLUDING FROM THE HEREIN DESCRIBED STRIP OF LAND ALL THAT PORTION LYING EASTERLY OF THE WESTERLY LINE OF LOT 8A AS SHOWN ON SAID "AMENDED PLAT OF DILL -HAHN CO. SUBDIVISION ". l EXHIBIT "A" Page 3 of 3