Loading...
HomeMy WebLinkAbout13669 RESOLUTION NO. 13669 A RESOLUTION APPROVING AN EASEMENT AGREEMENT BETWEEN THE GLENN H. KITTINGER TRUST AND THE BETTY J. KITTINGER TRUST AND THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION FOR SANITARY SEWER IMPROVEMENTS, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Easement Agreement dated April 24, 2017, between the Glenn H. Kittinger Trust and the Betty J. Kittinger Trust (“Grantors”) and the City of Pueblo, a Municipal Corporation for the extension of sanitary sewer improvements, a copy of which is attached and incorporated, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. Funds up to the amount estimated to total $11,000.00 shall be paid from the City of Pueblo Wastewater Enterprise Fund for 50% of the cost to install fencing along the Grantors’ property east of the Wild Horse Arroyo as referenced in Section 11 of said Easement Agreement. SECTION 3. The President of the City Council is hereby authorized to execute said Easement Agreement on behalf of Pueblo, a Municipal Corporation, and the City Clerk shall affix the seal of the City thereto and attest to the same. SECTION 4. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of this Resolution and the attached Agreement to effectuate the transactions described there. SECTION 5. This Resolution shall become effective upon final passage and approval. INTRODUCED April 24, 2017 BY: Robert Schilling City Clerk’s Office Item # M-9 BACKGROUND PAPER FOR PROPOSED RESOLUTION COUNCIL MEETING DATE: April 24, 2017 TO: President Stephen G. Nawrocki and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Steven Meier, Director of Planning and Community Development SUBJECT: A RESOLUTION APPROVING AN EASEMENT AGREEMENT BETWEEN THE GLENN H. KITTINGER TRUST AND THE BETTY J. KITTINGER TRUST AND THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION FOR SANITARY SEWER IMPROVEMENTS, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME SUMMARY: This Resolution approves an easement agreement between the Glenn H. Kittinger Trust and the Betty J. Kittinger Trust (collectively the “Grantors”), and the City of Pueblo for the extension of sanitary sewer improvements related to the Southern Colorado Clinic Annexation property. PREVIOUS COUNCIL ACTION: None. BACKGROUND: This Resolution approves an easement agreement for the extension of sanitary sewer improvements related to the Southern Colorado Clinic Annexation property. A sanitary sewer is required to be installed between the Southern Colorado Clinic property and Sanitary Sewer Manhole #415823.4 bordering Wild Horse Arroyo to allow for a sewer line connection into the City’s sanitary sewer system. The agreement provides the City with a permanent sanitary sewer easement, a temporary construction easement, and a perpetual right for ingress and egress to the sanitary sewer easement. The easement agreement requires the City to provide the following: 1. Subject to the Grantors annexing their property into the City, the City will provide a six (6) inch size sewer tap on the sanitary sewer line installed by the City. The sanitary sewer tap will be installed on the west side of the Wild Horse Arroyo. The City will waive normal tap and capital investment fees associated with the sewer tap, and will also install a stub on the east side of the sewer line sufficient to provide a six (6) inch size sanitary sewer line for the Grantors. 2. The City will share the cost of the installation of an eight-foot high chain link fence along the eastern side of the Grantors’ property. In addition, the Board of County Commissioners of Pueblo County, Colorado have executed and delivered to the City a deed to approximately 2.2 acres that includes the roadway for Baker th Steamer Road from 29 and Lowell Boulevard to the YMCA property. Following the annexation of the property into the City, the City agrees to prevent public access from the south until a roadway is developed by allowing the installation of a fence and gate. The fence and gate will be constructed and maintained by the Grantors. FINANCIAL IMPLICATIONS: The City value of the waiver of the six (6) inch size sewer tap and capital investment fees is being exempted as part of the agreement. In addition, the City will pay 50% of the financial costs, expenses, and obligations for the construction of an eight (8) foot high chain link fence from the City Wastewater Enterprise Fund which is estimated to be $11,000.00. BOARD/COMMISSION RECOMMENDATION: Not Applicable. STAKEHOLDER PROCESS: Not Applicable. ALTERNATIVES: If City Council does not approve this Resolution, other options including the condemnation of an easement crossing the Grantors’ property will need to be considered for wastewater service to be provided for the Southern Colorado Clinic property. RECOMMENDATION: Approval of the Resolution. Attachments: Easement Agreement re: Resolution 13669 Reception 2073119 06/14/2017 03:27:51 PM EASEMENT THIS EASEMENT, granted this - ' v 19 day of l -e- , 2015, by GLENN H. = KITTINGER, Trustee of the GLENN H. KITTINGER TRUST, and BETTY J. KITTINGER, Trustee of 1D the BETTY J. KITTINGER TRUST, GRANTOR, to CITY OF PUEBLO, a Municipal Corporation, o GRANTEE: "D WITNESSETH: -,.ro Am _xN01 THAT IN CONSIDERATION of the sum of One Dollar ($1.00) and other good and r"A ~ ir•omA valuable consideration, paid by the GRANTEE, receipt of which is hereby acknowledged, • Qmm GRANTOR hereby grants to GRANTEE, its successors and assigns, an easement for the purpose of a sanitary sewer line and other utility lines and services and an access way in, T mw through, over, under and across GRANTOR'S property situated in Pueblo County, Colorado, and described as follows: o-'-4 N UI See attached Exhibit A 'm3 TOGETHER WITH the right to enter upon the property for the purposes of construction, o maintenance, control and repair, and together with the right to use so much of the adjoining property of GRANTOR for said purposes. The GRANTOR reserves the right to use and occupy the Property for any purpose not inconsistent with the right and privilege above granted and which will not interfere with or endanger any of GRANTEE'S equipment or facilities therein or use thereof. Such reservation by the GRANTOR shall in no event include the right to locate or erect or cause to be located or erected on the Property any building or any other structure or manufactured or mobile home or trailer unit upon the easement herein granted. GRANTOR warrants to GRANTEE that GRANTOR (a) has good and sufficient right and title in and to the Property and full power to grant this easement and (b) will defend GRANTEE'S quiet and peaceful possession of the Property and easement against all persons who may lawfully claim title to the property. "GRANTEE" shall include the plural and the feminine. This Easement shall be binding upon, and shall inure to the benefit of the heirs, personal representatives, successors and assigns of the GRANTOR//and GRANTEE. . b SIGNED this zday of , 201, L5 GRANT • kiliWt,vk Glenn H. Kittinger, Truste o the GLENI1-I. KITTINGER TRUST 2 . / . • • Betty J. itti Meer', Trustee of the B TY J. KITTINGER TRUST STATE OF COLORADO ) ss COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this 010 day of , 2015 by Glenn H. Kittinger, Trustee of the Glenn H. Kittinger Trust and Betty J. Kittinger, Trustee of the Betty J. Kittinger Trust. Witness my hand and official seal. 0910 t av1 S My commission expires: C` 4otar Public V-) Yo-uxt,l_it ., Y 1 •')fi i l/ , •, , . F., b ktLi RPO = 2073119 EASE 06/14/2017 03:27:51 PM Page: 2 of 4 R 28.00 D 0.00 7 28.00 Gilbert Ortiz Clerk/Recorder, Pueblo County.. Co uiiIK1llIgnete'1iI,1%h G!iPiKS1.11;fi1dAyrii 11111 2 t ' 2073119 EASE 06/14/2017 03:27:51 PM Page: 30 of 4 R 28.00 D 0.00 T 28.00 Gilbert Ortiz ClerkiRecorder, Pueblo County; Co VIII PP111RIAffilrIhrti VAN II EXHIBIT A SANITARY SEWER EASEMENT LAND DESCRIPTION An easement for Sanitary Sewer purposes through a portion of the NW '/of the NE '/ of Section 22, Township 20 South, Range 65 West of the 6th P.M. in the County of Pueblo and State of Colorado, being 30 feet in width, 15 feet on each side of the following described centerline: Considering the West line of the NW 1/4 of the NE 1/4 of Section 22, Township 20 South, Range 65 West of the 61h P.M. to bear N. 01°27'00" W. and all bearings contained herein being relative thereto. Commencing at the Northwest corner of the NW 1/4 of the NE '/ of said Section 22; thence N. 88°44'02" E., along the North line of the NW 1/4 of the NE 1/4 of said Section 22, a distance of 241.41 feet to the Point of Beginning;thence S 01°04'57" E.,a distance of 223.67 feet; thence S. 46°29'35"E., a distance of 401.71 feet; thence S. 37°40'19" E. a distance of 329.04 feet; thence S. 24°29'06" E., a distance of 584.15 feet to the South line the NW 1/4 of the NE '/4 of said Section 22, and the Point of Terminus. The external easement lines shall be lengthened or shortened to meet the North and South lines of the NW 1/4 of the NE '/4 of said Section 22. I, John S. Sakariason, being a licensed Professional 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. oQ P OOFN1% 0038289 0 o ; • ito% 2,-3 -Zol ; s4N, LM _- John S. Sakariason Colorado P.L.S. 38269 For and on Behalf of NorthStar Engineering and Surveying, Inc. February 3, 2014 JN 12 020 01 Page 1 of 2 2073119 ERSE 06/14/2017 03:27:51 PM Page: 4 of 4 R 28.00 D 0.00 1 28.00 Gilbert Ortiz Clerk/Recorder, Pueblo County; Co ■III FiVirrili'Its:ltiF4M!VICANtFII:J lik 11111 0.00 woodo.Potispobei VIIIIS _ _ SI •NO1J7OO1V BASIS of&AMOS 1J O if 1 li Iwc � � 10 k, C ,'// lg 1 i r•-.1 li L ....0<ela I 1 rtig N 0 I 0 7•I il3 I CO r%) ^r I �� o a4 ).:* Xid iP 1 R • Ca R el 0 sq 1 '154 4. n i / 1iw„w r mi hz ciRciii r::: fik)........... 40. IIill 1 w o a� I' ;i in Is 1 4 re: .Resolution 13669 Reception 2073120 06/14/2017 03:27:51 PM TEMPORARY EASEMENT THIS EASEMENT, granted this #2(.0{k day of a N , 2015 by GLENN H. KITTINGER, Trustee of the GLENN H. KITTINGER TRUST, and BETTY J. KITTINGER, Trustee of • v the BETTY J. KITTINGER TRUST, Grantor,to PUEBLO, a Municipal Corporation, Grantee: -= w ••oNm WITNESSETH: "am THAT IN CONSIDERATION of the sum of One Dollar($1.00) and other good and valuable ' Am consideration paid by the Grantee, receipt of which is hereby acknowledged, Grantor hereby grants to 303m Grantee, its successors and assigns, a temporary easement for the purpose of construction, in,through, (D mAm over, under and across Grantor's property situated in Pueblo County, Colorado, commonly known as a portion of Section 22,Township 20, South Range 65 West and described as follows: (the "Property") "ON pr G See attached Exhibit"A" moa TOGETHER WITH the right to enter upon the Property for the purposes of construction, - m replacement, maintenance, control, and repair. The Grantor reserves the right to use and occupy thev Property for any purpose not inconsistent with the right and privilege above granted and which will not o a interfere with or endanger any of Grantee's equipment or facilities therein or use thereof. Such reservation by the Grantor shall in no event include the right to locate or erect or cause to be located or erected on the Property any building or any other structure or manufactured or mobile home or trailer unit This temporary easement shall be released upon completion of construction at the Grantee's sole expense. Grantee's equipment or facilities shall be relocated to the permanent easement(s) at Grantee's sole expense in a manner not to impede Grantor's right for access in, through, over, under and across Grantor's property. Grantor warrants to Grantee that Grantor(a) has good and sufficient right and title in and to the Property and full power to grant this easement and (b) will defend Grantee's quiet and peaceful possession of the Property and easement against all persons who may lawfully claim title to the property. "Grantee" shall include the plural and the feminine. This Temporary Easement shall be binding upon, and shall inure to the benefit of the heirs, personal representatives, successors, and assigns of the Grantor and Grantee. SIGNED this day of (7Gthe.-- , 2015. GRA TOR kjib:ncEGlenn H. Kittinger, Trustee of the Gln H. Kittinger Trust AP Betty/ it Inger, rustee of the Wtty J. Kittinger Trust COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO ) The foregoing instrument was acknowledged before me this o (.V day of S V n-Q_, , 20.. by Glenn H. Kittinger,Trustee of the Glenn H. Kittinger Trust, and Betty J. Kittinger,Trustee of the Betty J. Kittinger Trust. Witness my hand and official seal. My commission expires: 091661 '3.01 (SEAL) • lAl E. 1 P N Ey Notary Public itfYI •3141i �.; (��OA*•tMiL Acf 2073120 TEASE 06/14/2017 03:27:51 PM Page: 2 of 4 R 28.00 D 0.00 T 28.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co ■III IiiirdrAlliiillitY1114 Foirtirctr4 i 11111 2 t • 2073120 TEASE 06/14/2017 03:27:51 PM Page: 3 of 4 R 28.00 D 0.00 T 28.00 Gilbert Ortiz Clerk/Recorder. Pueblo County. Co gill 14P1MIu killing kiiiil'iiihti KWL'rH E,,'y ii'ii 11111 EXHIBIT A PROPOSED TEMPORARY CONSTRUCTION EASEMENT LAND DESCRIPTION A Temporary Construction Easement through a portion of the NW'/4 of the NE 'A of Section 22, Township 20 South, Range 65 West of the 6t P.M. in the County of Pueblo and State of Colorado,being 70 feet in width,35 feet on each side of the following described centerline: Considering the West line of the NW 'A of the NE 'A of Section 22, Township 20 South, Range 65 West of the 6th P.M. to bear N. 01°27'00" W. and all bearings contained herein being relative thereto. Commencing at the Northwest corner of the NW '/4 of the NE '/4 of said Section 22; thence N. 88°44'02" E., along the North line of the NW '/4 of the NE '/4 of said Section 22, a distance of 191.41 feet to the Point of Beginning;thence S 01°04'57" E., a distance of 244.43 feet; thence S. 46°29'35" E., a distance of 418.77 feet; thence S. 37°40'19" E. a distance of 319.40 feet; thence S. 24°29'06" E., a distance of 557.02 feet to the South line of the NW '/4 of the NE 'A of said Section 22 and the Point of Terminus. The external easement lines shall be lengthened or shortened to meet the North and South lines of the NW 1/4 of the NE 1'4 of said Section 22. 1, John S. Sakariason, being a licensed Professional 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. .„00 LICE N‘' ...---2.-. " .1, .6'A 'A ts 0 0038289 z w I/ 0%;1-3-Z0j4 if'- John S. Sakariason Colorado P.L.S. 38269 For and on Behalf of NorthStar Engineering and Surveying, Inc. February 3, 2014 JN 12 020 01 Page 1 of 2 A 2073120 T_EASE 06/14/2017 03:27:51 PM Page: 4 of 4 R 28.00 De 0.00 T 28.00 Gilbert Ortiz Clerk/Recorder Pueblo County; co 1111 khat arleI1' iMiliiii dIn*aiilaliTkii ii 11111 8 1 1 IR fis hl .(4 . cL 11 Ico i II s g i 1 I i °1 ill -J i1 1 141 5 q z CI x 0 68 4 4 1a,1 11!0 $ .4c k' 1: 0 1. 1 —1-- -- ---- 8 4D i1gti „ 6: ! Z I rN la k 4 qg ' W 111 1°1 I a•r 'Pi . atzu... .. ,.; • • 8 ,, bl ii � ' y Ci I a; ' I .m I - ---oaieori sn "r3e io"sirs-/I.Oraiiri:74------- O wAU� 'RZWN Et a2 bi aalam!also A so Fe EASEMENT AGREEMENT This Easement Agreement ("Agreement") effective this 24th day of April, 2017, by and between Glenn H. Kittinger Trust and the Betty J. Kittinger Trust, whose address is 812 S. 30th Lane, Pueblo, CO 81006 ("Grantor") and the City of Pueblo, a Colorado Municipal Corporation. whose address is One City Hall Place, Second Floor, Pueblo, CO 81003 ("Grantee"). Both Grantor and Grantee hereinafter may be individually referred to "Party" and collectively referred to as "Parties." Recitals WHEREAS, Grantor owns real property ("Property"), under which Improvements (as defined in Section 1 below) will pass; and WHEREAS, Grantee has determined that its Improvements (as defined in Section 1 below) must be constructed, installed, and maintained under the Property; NOW, THEREFORE, in consideration of the promises, mutual covenants and agreements contained herein, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Parties agree as follows: Agreement 1. Conveyance of Permanent Sanitary Sewer Easement. Grantor hereby grants to Grantee a perpetual, non-exclusive permanent easement to enter, occupy, and use the real property legally described in "Exhibit A" attached hereto, to construct, reconstruct, install, use, operate, maintain, repair, replace, and upgrade the pipeline, meters, valves, manholes, and all necessary underground cables, wires, and appurtenances thereto, including, but not limited to, electric or other control systems, cables, wires, connections, and surface appurtenances ("Improvements") and to make any cuts and fills in the earth necessary to the performance of such work associated with the installation of a permanent sanitary sewer, in, on, under, through, over and across such real property ("Permanent Easement"). The surface shall be restored pursuant to Section 6 herein. 2. Conveyance of Temporary Construction Easement. Grantor hereby grants to Grantee a non-exclusive temporary easement to enter, occupy, and use the real property legally described in "Exhibit B" attached hereto, to construct and install the pipeline, meters, valves, manholes, and all necessary underground cables, wires, and appurtenances thereto, including, but not limited to, electric or other control systems, cables, wires, connections, and surface appurtenances ("Improvements") and to make any cuts and fills in the earth necessary to the performance of such work associated with the installation of a permanent sanitary sewer, in, on, under, through, over and across such real property ("Temporary Easement"). The surface shall be restored pursuant to Section 6 herein. The term of the Temporary Construction Easement shall end upon completion of the construction and installation of the Sanitary Sewer Line under the Property. 3. Ingress and Egress. Grantee shall have the perpetual right of reasonable ingress 1 and egress in, to, through, over, under, and across the Property for access to and from any roads, highways, streets, alleys, or any other point to the Permanent Easement and Temporary Easement in order to perform Grantee's rights in the Permanent Easement and Temporary Easement. To the maximum practicable extent, Grantee shall use existing gates, roads, trails or facilities to avoid disruption of Grantor's operations on the Property. 4. Grantor's Rights Unaffected. Except as provided in Section 5 below, Grantor shall retain the right to make full use of the Property, except for such use as might unreasonably endanger or interfere with the rights of Grantee in the Permanent Easement and Temporary Easement. 5. Installations within Permanent Easement. Grantor shall not construct or place any permanent structure or building on any part of the Permanent Easement. Grantor shall not change, by excavation or filling, the present grade, ground level of the Permanent Easement or the installed Improvements without the prior written consent of Grantee, which consent shall not be unreasonably withheld. Grantor shall not construct or alter landfills, wetlands, land excavations, water impoundments including storm water quality features or facilities, and other land uses within the Permanent Easement unless the prior written consent of Grantee is provided, which consent shall not be unreasonably withheld. Additionally, Grantor shall not construct any new, or alter any existing landfills, wetlands, water impoundments, and other similar uses within the Permanent Easement, which might, in Grantee's reasonable discretion, endanger or interfere with any Improvements, including, but not limited to, Grantee's rights of maintenance and reasonable access, without the prior written consent of Grantee, which consent shall not be unreasonably withheld. 6. Surface Restoration to Land. Grantee shall replace, repair, or reimburse Grantor for the reasonable cost of replacement or repair of physical damage to Grantor's Improvements on the Property, except as modified to accommodate Grantor's improvements, whether or not within the Permanent Easement, but only if such damage is caused by Grantee's construction, reconstruction, use, operation, maintenance, repair, replacement, upgrading, or removal of its Improvements. In the construction, reconstruction, installation, use, operation, maintenance, repair, replacement, upgrading, removal of its Improvements, or for any ingress on the Property by Grantee or anyone on behalf of the Grantee, Grantee shall promptly restore, replace, or repair the surface of the Property to as close to its condition immediately prior to such work as may be reasonably possible. Despite anything contained herein to the contrary, Grantee shall not be liable for damage to, nor shall it be obligated to repair or replace, any structures, buildings, or any other articles whatsoever, which are constructed, installed within the Permanent Easement after construction of the Pipeline is complete in violation of the terms of this Agreement including, but not limited to, any tree(s) that interfere with the Improvements or Grantee's rights in the Permanent Easement. 7. Maintenance of Permanent Easement. Grantee shall have the perpetual right to cut, trim, control, and remove trees, brush, and other obstructions which injure or unreasonably interfere with the Grantee's use, occupation or enjoyment of the Permanent Easement, or Grantee's right to construct, reconstruct, install, use, operate, maintain, repair, replace, upgrade, or remove its Improvements, without liability for damages arising therefrom. 2 8. Subjacent and Lateral Support. Grantor shall not impair any lateral or subjacent support for the Improvements. 9. Nature of Easement. The Permanent Easement is perpetual and runs with the land. It also is deemed to touch and concern the land. The exercise of any rights in the Permanent Easement other than those retained by Grantor shall be within the sole discretion of Grantee. 10. Sanitary Sewer Tap. Subject to the requirements of Section 16-4-2 (4) of the Pueblo Municipal Code, Grantee shall provide Grantor with a six (6) inch size sewer tap on the sanitary sewer line, that will extend ten (10) feet from the main, installed by Grantee. The sanitary sewer tap will be installed on the west side of the Wild Horse Arroyo. Grantee will waive normal tap and capital investment fees associated with the sewer tap. Grantee will also install a stub, that is a maximum of ten (10) feet long, on the east side of the sewer line sufficient to provide a six (6) inch size sanitary sewer line for Grantor at the time of annexation. 11. Chain Link Fence. Grantee will construct, at no cost to Grantor, an eight (8) foot high chain link fence, approximately two thousand four hundred twenty-five (2,425) feet in length, on the Grantor's property along the east side of the Wild Horse Arroyo. The fence will begin at the northern end of the existing fence and extend along the east side of the Wild Horse Arroyo to the north corner of Grantor's property that adjoins the property owned by the Pueblo YMCA. 12. Property Transferred to Grantee by Pueblo County. The Board of County Commissioners of Pueblo County, Colorado have executed and delivered to Grantee a deed to approximately 2.2 acres of property located near the intersection of Baker Steamer Road and Lowell Boulevard ("Baker Steamer Property"). A copy of said deed is attached hereto as Exhibit C. The Baker Steamer Property lies east of the Grantor's property and the Grantee intends to annex said property for future street development and other uses. Grantee agrees to prevent public access to the Baker Steamer Property from the north and further agrees to prevent public access from the south by allowing the installation of a fence and gate. The fence and gate shall be constructed and maintained by Grantor. Grantor agrees that the gate shall be a minimum of twelve (12) feet in width and Grantor further agrees to provide keys to the gate to the Grantee's Fire and Police Departments and to the owners of the two (2) neighboring properties which are located east of the Baker Steamer Property. Upon forty-five (45) days written notice from the Grantee, Grantor agrees to remove the fence and gate crossing the southern portion of the Baker Steamer Property when Grantee determines, in its sole discretion, that it is necessary and appropriate to develop the Baker Steamer Property as a street. 13. Waiver. The failure of either Party to insist, in any one or more instances, upon a strict performance of any of the obligations, covenants, or agreements herein contained, or the failure of either Party in any one or more instances to exercise any option, privilege, or right herein contained, shall in no way be construed to constitute a waiver, relinquishment or release of such obligations, covenants, or agreements, and no forbearance by either Party of any default hereunder shall in any manner be construed as constituting a waiver of such default. 14. Governing Law and Jurisdiction, This Agreement shall be construed in accordance with the laws of the State of Colorado. In the event of litigation, this Agreement shall be 3 enforceable by either Grantor or the Grantee. In the event of any dispute over this Agreement or its subject matter, the exclusive venue and jurisdiction for any litigation arising hereunder shall be in the District Court of Pueblo County, Colorado and each Party hereby submits to the jurisdiction of said state District Court. To the full extent permitted by law, each Party hereby waives its right to a jury trial. 15. Binding Effect. Each and every one of the benefits and burdens of this Agreement shall inure to and be binding upon the respective legal representatives, heirs, executors, administrators, successors, transfers, agents, and assigns of the Parties. 16. No Third Party Beneficiaries. Except as expressly provided otherwise, this Permanent Easement is intended to be solely for the benefit of the Parties and shall not otherwise be deemed to confer upon or give to any other person or third party any remedy, claim, cause of action or other right. 17. Severability. The provisions of this Agreement are severable. Illegality or unenforce- ability of any provision herein shall not affect the validity or enforceability of the remain- ing provisions in this Agreement. 18. Incorporation of Exhibits. All exhibits described in and attached to this Agreement are herein incorporated by reference. 19. Notice. Any notice provided in accordance with this Agreement, shall be in writing and shall be sent by delivery service, or mailed by certified mail, postage prepaid and return receipt requested to either Party's address as shown below ("Notice"). Such Notice shall be effective upon the date received and acknowledged by signature of the Party that receives Notice. Either Party may change its address to which any Notice is to be delivered under this Agreement by giving Notice as provided herein. Grantee: City of Pueblo Attn: City Manager One City Hall Place, Second Floor Pueblo, CO 81003 Grantor: Glenn H. Kittinger Trust 812 S. 30th Lane Pueblo, CO 81006 Grantor: Betty J. Kittinger Trust 812 S. 30th Lane Pueblo, CO 81006 20. This Agreement represents all the terms and conditions of the Permanent Easement granted by Grantor and can only be modified in a writing signed by both Parties. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement effective as of the day and year first above written. GRANTOR: GLENN H. KITTINGER TRUST 4 By: 1'ct Glenn H.H. Kittinger, Trustee GRANTOR: BETTY J. KITTINGER TRUST By: gfBettyJr, Tr tee STATE OF COLORADO ) ss. COUNTY OF PUEBLO The foregoing instrument was acknowledged before me this day of , 2017 by Glenn H. Kittinger, Trustee of the Glenn H. Kittinger Trust and Betty J. Kittinger, Trustee of the Betty J. Kittinger Trust. Witness my hand and official Seal. My commission expires: I. 2p •2020 VALERIE FILLIS NOTARY PUBLIC \ STATE OF COLORADO • 1 -&a NOTARY ID 20004034296 �� Q A MY COMMISSION EXPIRES 11/20/2020 Notary Public GRANTEE: CITY OF PUEBLO, A CO • • . • I • • -PORATI• .newi4441110W resident Council ATTEST: City k 5 Exhibit A EASEMENT THIS EASEMENT, -NI_41 granted this day of , 2015, by GLENN H. KITTINGER,Trustee of the GLENN H. KITTINGER TRUST, and BE I I Y J. KITTINGER, Trustee of the BETTY J. KITTINGER TRUST, GRANTOR, to CITY OF PUEBLO, a Municipal Corporation, 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, an easement for the purpose of a sanitary sewer line and other utility lines and services and an access way in, through, over, under and across GRANTOR'S property situated in Pueblo County, Colorado, and described as follows: See attached Exhibit A TOGETHER WITH the right to enter upon the property for the purposes of construction, maintenance, control and repair,and together with the right to use so much of the adjoining property of GRANTOR for said purposes. The GRANTOR reserves the right to use and occupy the Property for any purpose not inconsistent with the right and privilege above granted and which will not interfere with or endanger any of GRANTEE'S equipment or facilities therein or use thereof. Such reservation by the GRANTOR shall in no event include the right to locate or erect or cause to be located or erected on the Property any building or any other structure or manufactured or mobile home or trailer unit upon the easement herein granted. GRANTOR warrants to GRANTEE that GRANTOR (a) has good and sufficient right and title in and to the Property and full power to grant this easement and (b) will defend GRANTEE'S quiet and peaceful possession of the Property and easement against all persons who may lawfully claim title to the property. "GRANTEE"shall include the plural and the feminine. This Easement shall be binding upon, and shall inure to the benefit of the heirs, personal representatives, successors and assigns of the GRANTOR/and GRANTEE. SIGNED this q- day of , 20141S GRANT Glenn H. Kittinger, Truste o the GLEN a. KITTINGER TRUST .GSC/ f Betty J. itti er, Trustee of the B Y J. KITTINGER TRUST STATE OF COLORADO ) ss COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this a1.0 day of 2016 by Glenn H. Kittinger,Trustee of the Glenn H. Kittinger Trust and Betty J. ittinger, Trustee of the Betty J. Kittinger Trust. Witness my hand and official seal. ©9,10 Cot My commission expires: V)aPt\AArry Public (11)4 O ''666or YOG+ =m, „N( 110,I. P� 2 EXHIBIT A SANITARY SEWER EASEMENT LAND DESCRIPTION An easement for Sanitary Sewer purposes through a portion of the NW '/of the NE '/4 of Section 22, Township 20 South, Range 65 West of the 6th P.M. in the County of Pueblo and State of Colorado,being 30 feet in width, 15 feet on each side of the following described centerline: Considering the West line of the NW 1/4 of the NE '/ of Section 22, Township 20 South, Range 65 West of the 6111 P.M. to bear N. 01°27'00" W. and all bearings contained herein being relative thereto. Commencing at the Northwest corner of the NW '/4 of the NE '/4 of said Section 22; thence N. 88°44'02" E., along the North line of the NW 1/4 of the NE '/4 of said Section 22, a distance of 241.41 feet to the Point of Beginning;thence S 01°04'57"E., a distance of 223.67 feet;thence S. 46°29'35"E., a distance of 401.71 feet; thence S. 37°40'19" E. a distance of 329.04 feet; thence S. 24°29'06" E., a distance of 584.15 feet to the South line the NW 1/4 of the NE 1/4 of said Section 22, and the Point of Terminus. The external easement lines shall be lengthened or shortened to meet the North and South lines of the NW 1/4 of the NE `/4 of said Section 22. I, John S. Sakariason, being a licensed Professional 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. p0 L `‘w QC e "c 0038269 ' O % /o, n% -3 -LQ t4 � s John S. Sakariason Colorado P.L.S. 38269 For and on Behalf of NorthStar Engineering and Surveying, Inc. February 3, 2014 JN 12 020 01 Page 1 of 2 Km omposwaawsi Icii i X23� �3 - _ •Novvro0'W SASS or BEARINGS UJ04B0'• 1 li I ,,,:,*--72:— ,,�" IAS:111 a i 11! I ii'iii" I -, q 11/q \ i, -� W \ l I r N /ft il ,,,,..><k H AI o TI K I co I .... 0 k Iii 'id ih ;. i'311 I. a ill ilg 1 I 4 4 n ill bl R 4 4 " O ,... taX iil ri 1 9 1 i 9 0 4 iq 11 � QN 4 Exhibit B TEMPORARY EASEMENT THIS EASEMENT, granted this day of , 2015 by GLENN H. KITTINGER,Trustee of the GLENN H. KITTINGER TRUST, and BETTY J. KITTINGER,Trustee of the BETTY J. KITTINGER TRUST, Grantor, to PUEBLO, a Municipal Corporation,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 temporary easement for the purpose of construction, in, through, over, under and across Grantor's property situated in Pueblo County, Colorado, commonly known as a portion of Section 22,Township 20, South Range 65 West and described as follows: (the "Property") See attached Exhibit "A" TOGETHER WITH the right to enter upon the Property for the purposes of constriction, replacement, maintenance,control, and repair. The Grantor reserves the right to use and occupy the Property for any purpose not inconsistent with the right and privilege above granted and which will not interfere with or endanger any of Grantee's equipment or facilities therein or use thereof. Such reservation by the Grantor shall in no event include the right to locate or erect or cause to be located or erected on the Property any building or any other structure or manufactured or mobile home or trailer unit This temporary easement shall be released upon completion of construction at the Grantee's sole expense. Grantee's equipment or facilities shall be relocated to the permanent easement(s)at Grantee's sole expense in a manner not to impede Grantor's right for access in, through, over, under and across Grantor's property. Grantor warrants to Grantee that Grantor(a) has good and sufficient right and title in and to the Property and full power to grant this easement and(b) will defend Grantee's quiet and peaceful possession of the Property and easement against all persons who may lawfully claim title to the property. "Grantee" shall include the plural and the feminine. This Temporary Easement shall he binding upon, and shall inure to the benefit of the heirs, personal representatives, successors, and assigns of the Grantor and Grantee. SIGNED this day of LILisse..- 2015. GRA TOR Glenn H. Kittinger, Trustee of the Ghffiii H. Kittinger Trust . • I .t.-c--. Betty,/ it'Inger,Trustee of the Jiretty J. Kittinger Trust COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO ) The foregoing instrument was acknowledged before me this a(..4) day of S(�,�-Q.. 201 "by Glenn H. Kittinger, Trustee of the Glenn H. Kittinger Trust, and Betty J. Kittinger,Trustee of the Betty J. Kittinger Trust. Witness my hand and official seal. My commission expires: Oq,V Ag I ' -01C--- (SEAL) E. ..,ca_.avorii---,__ „„ „*.*1 p.,,‘ (Votary Public :(0 61 610 T„ .GyitI i ( tm 1, y; 2 • EXHIBIT $ PROPOSED TEMPORARY CONSTRUCTION EASEMENT LAND DESCRIPTION A Temporary Construction Easement through a portion of the NW'/+of the NE ''A of Section 22, Township 20 South, Range 65 West of the 6th P.M. in the County of Pueblo and State of Colorado,being 70 feet in width,35 feet on each side of the following described centerline: Considering the West line of the NW '/a of the NE ''A of Section 22, Township 20 South, Range 65 West of the 6`h P.M. to bear N. 01°27'00" W. and all bearings contained herein being relative thereto. Commencing at the Northwest corner of the NW 'LA of the NE '/4 of said Section 22; thence N. 88°44'02" E., along the North line of the NW 'A of the NE ''A of said Section 22, a distance of 191.41 feet to the Point of Beginning;thence S 01°04'57" E., a distance of 244.43 feet; thence S. 46°29'35" E., a distance of 418.77 feet; thence S. 37°40'19" E. a distance of 319.40 feet;thence S. 24°29'06" E., a distance of 557.02 feet to the South line of the NW '/4 of the NE 1/4 of said Section 22 and the Point of Terminus. The external easement lines shall be lengthened or shortened to meet the North and South lines of the NW 1/4 of the NE 1'4 of said Section 22. 1, John S. Sakariason, being a licensed Professional 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. ;-POO IICF s, 2 0038289 ;o i �f4 0I( • John S. Sakariason Colorado P.L.S. 38269 For and on Behalf of NorthStar Engineering and Surveying, Inc. February 3,2014 JN 12 020 01 Page 1 of 2 !Stil tyWINS>btap V a 4 1:1^ Kiz sl # __+-__.'Nnt 01Y -BASIS OF BEARWOS 1.JOAQO;-- 1 i I i 11111111111 "Ma 1 1P NI 1 mz„, i N261 I 1 g. lii 5 1 +p i jcl O 1 a� Z I 2 65 I 0 le „ . oa Rid I ppieek4 '-4 la b 8 4 t. 1 1. ~ q leC..) 0 1 i 'Itili Pal k 11 i I- Exhibit C QUIT CLAIM DEED THIS DEED, made thisday of February, 2017 between Pueblo County, a Body Corporate and a Political Subdivisio of the State of Colorado, Grantor, and Pueblo, a Municipal Corporation, whose legal address is 1 City Hall Place, Pueblo, Colorado 81003, Grantee. WITNESSETH, that the grantor for an in consideration of the sum of one dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, have remised, released, sold, conveyed and QUIT CLAIMED, and by these presents do remise, release, sell, convey and QUIT CLAIM unto the Grantee, its successors and assigns forever, all the right, title, interest, claim and demand which the Grantor has in and to the real property, together with improvements, if any, situate, lying and being in the County of Pueblo and State of Colorado, more particularly described as is set forth on Exhibit A (2 pages) attached hereto and incorporated herein by this reference as though fully set forth. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the Grantor, either in law or equity, to the only proper use, benefit, and behoff of the Grantee, its successors and assigns, forever. IN WITNESS WHEREOF, the Grantor has executed this Deed on the date set forth above. PUEBLTY ATTEST: ��� By ,,,->":,://,� '71- - !,i Chif. Boar of C my Commissioners County erk COUNTY OF PUEBLO ) ss STATE OF COLORADO ) The foregoing instrument was acknowledged before me this4;3 day of February, 2017 by Terry A. Hart as Chair of the Board of County Commissioners. Witness my hand and official seal. [SEAL] My commission expires: to-1 Li-/61 '�_k - Notary Pueglo TANA M WITTRUP NOTARY PUBLIC STATE OF COLORADO NOTARY 10 0 20161040160 MY COMM18310N EKP OCTOBER 14 2019 EXHIBIT A LAND DESCRIPTION A tract of land lying North of the existing 29`h Street right-of-way and within a portion of the northeast one-quarter of the northeast one-quarter of Section 22, and a portion of the southeast one-quarter of the northeast one-quarter of Section 22, Township 20 South, Range 65 West of the 6th Principal Meridian, in the County of Pueblo and State of Colorado, and being more particularly described as follows: Considering the North line of the northeast one-quarter of Section 22, Township 20 South, Range 65 West of the 6th P.M. to bear N. 88°42'45" E., being monumented with a 3 1/4" brass cap BEM 1964 at the Northwest corner and a 3 ''/2" aluminum cap PLS No. 12933 at the Northeast corner, and all bearings contained herein being relative thereto. Commencing at the Northwest corner of'the NE 1/4 of said Section 22, thence N. 88°42'45" E.. along the North line of the NE 1/4 of said Section 22, a distance of 1502.5 feet; more or less to the Point of Beginning and a point on the east line of'the property described in a Warranty Deed filed for record September 24, 1992 at Book 2615 at Page 682, in the Pueblo County Records; Thence southerly along said east property line described in Warranty Deed recorded in Book 2615 at Page 682 the following three(3)courses: 1. Thence S. 32°17'30" E., a measured distance of 566.6 feet; 2. Thence S. 20°51'03" E., a measured distance of 843.9 feet; 3. 'Thence S. 53°l3'39" E., a measured distance of 257.1 feet more or less to the North right-of-way line 0129th Street as platted; "thence N. 88°44'42" E. along the said North right-of-way line of 29`h Street, a distance of 97.4 feet more or less to the west property line of the property described in a Warranty Deed filed lbr record October I7, 2011 at Reception No. 1888378, in the Pueblo County Records; Thence northerly along the said west property line described in Warranty Deed recorded at Reception No. 1888378 the following three(3)courses: 1. Thence N. 53°13'39'" W., a measured distance of 316.4 feet; 2. Thence N. 20°51'03" W., a measured distance of 832.5 feet; 3. Thence N. 32°17'30" W., a measured distance of 536.6 feet more or less to the North line of the NE 1/4 of Section 22, Township 20 South, Range 65 West of the 6th P.M.; Thence S. 88°42'45" W. along the North line of the NE 1/4 of said Section 22, a distance of 70.0 feet more or less to the Point of Beginning. Page 1 of 2 /. 'Xllllu/3llT A \ ` \588'42.45•'w .r �.\\ /t -, 70 0' \ \ \t , • N88'42'45"E' • \\r {IASIS of BEARINGS• •2601.56' - L \ P.0 G: 1 >N32'1 7'30"w \ 1 i 5366' \ ' �- i \ \I \ ... ' \ \ I \\ \\\ / , v • S32' 30 E \v\ 566 6' ,/,.' ' -,.,ti z'{` V N \ (I Vw \ f \ b. \\i� y_\ I I1 ti' a�' ,4-,%\ t. \ \ I y b` i/ ,.r r •� \t I•"\ \ .r N20'S1'03 w \ ? \ \ i y1�, �f \ \ - \\\ \ I i1 520'51'03"E r' i` r,; .\ \a �\ 843.9' `, ''C V t a \ \ f.\ \ I i.• \ \ I I \ \ \ \'',-. \ \ \ I \ , ;,N5313'39••w\ \ / f 316 4` \ S5313'39E„_s' v \ \ _ 257.1' ''gin �._._,�\_ I \ \ — Jr�_ _IT _ Ste:— --�, _ -vAr \ I \ \; -- - �% 97.4' ,\ \ ,\ 1 \ A i I \ \ P FOR IT PURPOSES ONLY R DOr $�.�LE E LiriElD P P.QB. PWT or BEGINNING BASIS CN'BARdVGS• A P.O.C. POINT OF COMMENCEMENTR 11 SHIP 20 SOUTH RANGE S�PEST OF THE!IN P.M. E ® FOIMp J !/I'BRASS CAP BEARS N8842'45( E BLAL l96� D FOLNVD J I/?'ALUMINUM CAP NOT TO SC 111 !S !?9JJ MIL_ EXHIBIT WAS NOT PREPARED AS A MQNt/AN N7E0 B LAND SURVEY, AND WAS ONLY PREPARED TO DEPICT Ir NORTHSPAR ENGINEERING AND SURVEYING, WC. THE ATTACHED LEGAL DESC liON. JN 12 020 00� PAGE 2 OF 2 ACCEPTANCE The foregoing Quit Claim Deed is hereby accepted by Grantee according to is terms, and subject to the covenants, conditions, restrictions, easements and reservations set forth therein. GRANTEE: PUEBLO A MUNICIPAL CORPORATION By Name: Stephen G. Nawrocki Title: President of City Council ATTEST: City Clerk : Gina Dutcher