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HomeMy WebLinkAbout13672RESOLUTION NO. 13672 A RESOLUTION APPROVING AN AGREEMENT BETWEEN ELAINE R. HAYES AND BRYAN G. RUBERSON AS TRUSTEES OF THE EMMA RUBERSON BAMBER REVOCABLE TRUST AND PUEBLO, A MUNICIPAL CORPORATION FOR EASEMENTS GRANTING TO THE CITY A TEMPORARY EASEMENT AND A SANITARY SEWER EASEMENT, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Agreement dated April 24, 2017, between Elaine R. Hayes and Bryan G. Ruberson as Trustees of the Emma Ruberson Bamber Revocable Trust 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. The President of the City Council is hereby authorized to execute said 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 3. 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 4. This Resolution shall become effective upon final passage and approval. INTRODUCED April 24, 2017 BY: Robert Schilling City Clerk’s Office Item # M-12 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 FROM: Steven Meier, Director of Planning and Community Development SUBJECT: A RESOLUTION APPROVING AN AGREEMENT BETWEEN ELAINE R. HAYES AND BRYAN G. RUBERSON AS TRUSTEES OF THE EMMA RUBERSON BAMBER REVOCABLE TRUST AND PUEBLO, A MUNICIPAL CORPORATION FOR EASEMENTS GRANTING TO THE CITY A TEMPORARY EASEMENT AND A SANITARY SEWER EASEMENT, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME SUMMARY: This Resolution approves an Agreement between the Elaine R. Hayes and Bryan G. Ruberson as Trustees of the Emma Ruberson Bamber Revocable Trust (“Ruberson”) granting a temporary easement and a sanitary sewer easement for 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 #415823.4bordering 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 to enter the property to construct, maintain, control and repair the sanitary sewer line. The easement agreement requires the City to provide the following: 1. Ruberson shall be paid the sum of Six Thousand Dollars ($6,000). 2. 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 all tap and capital investment fees associated with the sewer tap, and will also install a stub on the west side of the sewer line sufficient to provide a six (6) inch size sanitary sewer line for Ruberson. FINANCIAL IMPLICATIONS: The City will pay Ruberson a total of $6,000.00 in cash from the City of Pueblo Wastewater Enterprise Fund. As additional compensation, 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 all tap and capital investment fees associated with the sewer tap, and will also install a stub on the west side of the sewer line sufficient to provide a six (6) inch size sanitary sewer line for Ruberson. BOARD/COMMISSION RECOMMENDATION: None. STAKEHOLDER PROCESS: The acceptance of this property by the City is supported by property owners who own property north and west of Baker Steamer Road, and have annexed their property into the City. ALTERNATIVES: If City Council does not approve this Resolution, other options including the condemnation of an easement crossing the Ruberson property will need to be considered for wastewater service to be provided for the Southern Colorado Clinic property. RECOMMENDATION: Approval of the Resolution. Attachments: Agreement with Attachments re: Resolution 13672 Reception 2073121 06/14/2017 03:27:51 PM EASEMENT THIS EASEMENT, granted this a(o day of GI- , 2015, by ELAINE R. HAYES and BRYAN G. RUBERSON as Trustees of the Emma Ruberson Bamber Revocable 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 w day of (V jl,t1T , 2015. GRANTOR: EMMA RUBERSON BAMBER REVOCABLE TRUST By .4_4 _ 1111,17 Elaine Elaine R. Hayes, Trustee / / '41407 Bry.1c Ruberson, Trustee 2073121 EASE 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 STATE OF COLORADO ) 11111 PiPa 11 Ai:14 1T ikle.i«h it li rihr 111',111114, 11111 ) ss COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this day of' , 2015 by Elaine R. Hayes as Trustee of the Emma Ruberson Bamber Revocable Trust. Witness my hand' official seal. i My commission expir-• Isrt _ _ t \0 , ol-E'l �"'• y ,C11,t,c. -1Vofary Pubiic •., � RENEE D FASANO STATE OF .-4V\ auu° ) NOTARY PUBLIC II, )ss STATE OF COLORADO COUNTY OF iI 'icl`S) , NOTARY ID 20004021230 MY COMMISSION EXPIRES JANUARY 21,2019 The foregoing instrument was acknowledged : • A00, ..' • 11,' • , 0-5 by Bryan G. Ruberson as Trustee of the Emma Ruberson Bamber Revocable Trust. Witness my hand and official seal. My commission expires: -ski if o2), 201- ---- �-- " gr Public tJf rOPPICIAL 8EAL '/,';'''' '"�u"4 GAVIN TANDY i,,';'r NOTARY PUBLIC-INDIANA 1 4N , HENDRICKS COUNTY My Comm. Expires Ju 22,2018 '-, .!✓Y✓1.xxxx1.xxxxxl✓-xxx xxxx.. 2 2073121 EASE 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 1III1M 'L ?O 11111 EXHIBIT A SANITARY SEWER EASEMENT LAND DESCRIPTION An easement for Sanitary Sewer purposes through a portion of the S '/2 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 '/4 of the NE 'A 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 Southwest corner of the NW '/4 of the NE 'A of said Section 22; thence N. 88°38'27" E., along the South line of the NW ''A of the NE '/4 of said Section 22, a distance of 947.24 feet to the Point of Beginning; thence S 24°29'06" E., a distance of 214.33 feet; thence S. 03°08'14" E., a distance of 820.78 feet; thence S. 41°13'28" E. a distance of 379.32 feet to the South line the S '/2 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 S 1/2 of the NE 'A 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. - N i, 1M�►; ,/ o 0 0'33280 -;o �',2.3 - 704 , cru, •4,`�/o,.- ... •44 ' ''4L tAN� 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 2073121 EASE 06/14/2017 03:27:51 PM Page: 4 of 4 R 28.00 D 0.00 T 28.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co •III KIVU IRAN I ill UM W hrthaY4ri 11111 i v, Ivz�� p Zia g - - _ - ` •N017700"W—BASIS OF BEARINGS 1309.80'• ••• i 1 ao coOoo -0,lac! o a "I v� oc1 �Z to 2rri� �� AIN nZ Z K:*61 voo runrn -.1-4 $ktg N �� ._ fi14.r.. � ci O\ANA vs was ox I A 1 I ......r"ri U \41.___ _ — --/ -------- g r-----..----_-_7_-17--==-----z_-_ _._ — f Z 1.3 // N l///� - - - - � - - ` /I n2 (4 tiC)� � \ ZCD7-1 ia O to ): kb 1. O V yr- ,gid tir,lp OZZ 70 70 1J cnZ� , ��^1 a 0 0 0 0 , N �o O r • N y n Op A O0 2 O ��_ g6 o oy r• Z ~ -1 \p r ...7.k.. ...........1.... r•la2 O a a n�2 cn ZA -1 si "1 lU co ro "nano o a c o ��� o �� i 2 < H n2� co rn 0 2 2 a i 0 n Z -P :ern .y� i `� --N a o ZOO rn� 2 i - Ul' �O `, i- 0 rn in co � c rno .`w. aZ � 2 (4 N) 1 O o re: Resolution 13672 Reception 2073122 06/14/2017 03:27:51 PM TEMPORARY EASEMENT THIS EASEMENT, granted this 02(o day of mQ. , 2015 by ELAINE R. HAYES and BRYAN G. RUBERSON as Trustees of the E a Ruberson Bamber Revocable 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 construction, 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 be binding upon, and shall inure to the benefit of the heirs,personal representatives, successors, and assigns of the Grantor and Grantee. SIGNED this die day of ala , 2015. GRANTOR EMMA RUBERSON BAMBER REVOCABLE TRUST By 4414:=te--4)4-yed, Elaine R. Hayes, Trustee By ,ie / / c,La Bryan uberson, Trustee 20731227gT_ERSE 06/14/2017 03:27:51 PM Page: 20 of-4 f Ortiz Clerk/Recorder8. D0 Pueblo 00Y Co STATE OF COLORADO ) Gilb) ss �11111 RIFE, 11.11144 i LiN'M''iiy 11:1.11,AIOW,1111li'.Ylti'i, 11 III COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this2U- dIay of /1 bi , 2015 by Elaine R. Hayes as Trustee of the Emma Ruberson Bamber..Revelcable Trust. d Witness my han. 1 official seal. ,;) 1 J_(_,0 = / ___ _ . . My commission expire.. vt&_ , , . •ow" /. fes/_� Nota ,1�.P . , 'is NOTARY PUBLIC STATE OF OFTw,k6v.L ) STATE OF COLORADO )ss NOTARY ID 20004021230 COUNTY OF 'rl Ck_) MY COMMISSION EXPIRES JANUARY 21,2019 The foregoing instrument was acknowledged before me this Zv day of /lay , 2015 by Bryan G. Ruberson as Trustee of the Emma Ruberson Bamber Revocable Trust. Witness my hand and official seal. My commission expires:sJt,/y „22, 2011 /� -�a v otary Public ✓ (•./1!t_"-: FYI./✓-//_,- _,-/ll./-YY!!✓i i 614r. OFFICIAL SEAL,ifili "' " TARY GAVIN TANDY ti 0 , ,,,,. NCHENDRICKS COUNTY X My Comm. Expires Ju 22,2018 0 2 • 2073122 T_EASE 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 11111 FUR F144h;101% 111 EXHIBIT A TEMPORARY CONSTRUCTION EASEMENT LAND DESCRIPTION A Temporary Construction Easement through a portion of the SW 1/4 of the NE 1/4 of Section 22, Township 20 South, Range 65 West of the 6th P.M. in the County of Pueblo and State of Colorado, being 70 feet in width, 35 feet on each side of the following described centerline: Considering the West line of the NW '/4 of the NE 1/4 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 Southwest corner of the NW 1/4 of the NE '/1 of said Section 22; thence N. 88°38'27" E., along the South line of the NW 1/4 of the NE '/4 of said Section 22, a distance of 892.93 feet to the Point of Beginning; thence S 24°29'06" E., a distance of 226.26 feet; thence S. 03°08'14" E., a distance of 828.62 feet; thence S. 41°13'28" E. a distance of 354.90 feet to the South line the SW 1/4 of the NE 1/4 of said Section 22 and the Point of Terminus. The external casement lines shall be lengthened or shortened to meet the North and South lines of the SW 1/4 of the NE 1/4 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. • Q0038 69 z`o s. ki 041 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 2073122 T_EASE 06/14/2017 03:27:51 PM , Page: 4 of 4 R 28.00 D 0.00 T 28.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co VIII ord11,iiiiivi k P Iw+hIN fol iljh 11111 _ O 0t Q o M o0 N Zo QQ 0 QWI-- co cc O Q m W Woo CtaQ. 2 co eJ 2 U Q.2 II 2 cn c' LO in O.(/1 Q o j m oU Opp 23Q CO O Q Co Q QQ W d• V is, 3 ct 2 J \ \ 2 2 2 2c3 iz-j 2ti k>=44 U a Q. cL. LLJ 6i foo mct¢ Q k N o m Ci ti CC UN LI ,K I' w , 0 o0 o Lu 'P, (-0-:5Z ICE Q 0 o 0O 0 N 02 ______ _____ O / N ......Z ti L-LJ .:\ Z NNO 2 N 2 2 W N kLI N p rr a-Q ^IN Ln V) c/1 NIS o1 U N Qm 01 NN 3 WC)N inC ") o Vi , Q 2 U) 2I°° 01, 0.2 4.1 W i,- O(.21....4.1v .. • — — ,08'60£1 SON12/d38 0 SIS M„OO,L&!ON V 2 z c3 •4- v-o g NN, N 2 2LO argwa44r:4wA vat EASEMENT AGREEMENT This Easement Agreement ("Agreement") effective this 24th day of April, 2017, by and between Elaine R. Hayes and the Bryan G. Ruberson as Trustees of the Emma Ruberson Bamber Revocable Trust(hereinafter referred to as "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. Compensation for Permanent Sanitary Sewer Easement and Temporary Construction Easement. In consideration of Grantor granting Grantee a Permanent Sanitary Sewer Easement described on the attached Exhibits A and a Temporary Construction Easement described on the attached Exhibits B, Grantor has been paid the sum of Six Thousand and 00/100ths Dollars ($6,000.00). 2. 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. 3. 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 1 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. 4. Ingress and Egress. Grantee shall have the perpetual right of reasonable ingress 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. 5. 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. 6. 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. 7. 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. 2 8. 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. 9. Subjacent and Lateral Support. Grantor shall not impair any lateral or subjacent support for the Improvements. 10. 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. 11. 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 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 10 feet long on the west side of the sewer line sufficient to provide a six (6) inch size sanitary sewer line for Grantor. 12. 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. 13. 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 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. 14. 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. 15. 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. 16. 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. 3 17. Incorporation of Exhibits. All exhibits described in and attached to this Agreement are herein incorporated by reference. 18. 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: Elaine R. Hayes, Trustee of the Emma Ruberson Bamber Revocable Trust 4016 Ridge Drive Pueblo, CO 81009-1720 Grantor: Bryan G. Ruberson, Trustee of the Emma Ruberson Bamber Revocable Trust 1320 Stoney Pointe Way Avon, IN 46123 19. 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: EMMA RUBERSON BAMBER REVOCABLE TRUST By: ) Elaine R. Hayes, Trustee GRANTOR: EMMA -UBERSON =AM ER REVOCABLE TRUST 4111.r. any Ruberson, Trustee 4 STATE OF COLORADO ) ) ss. COUNTY OF PUEBLO ) TFc.oregoing instrument was acknowledged before me this /1 day of �� �� �� , 2017 by Elaine R. Hayes, Trustee of the Emma Ruberson Bamber Revocable Trust. Witness my hand and official Seal. My commission expires: / 2—/i 5/ 00 7 4 , .1A Notary Public 'AVID LYTHE NOTARY PUBLIC STATE OF COLORADO STATE OF NOTARY ID 19874123478 MY COMMISSION EXPIRES 12/15/2017 ss. COUNTY OF ) The f regoing instrument was acknowledged before me this ' ' day of #//71/ 2017 by Bryan G. Ruberson, Trustee, Trustee of the Emma Ruberson amber Revocable Trust. V `,"� '' �',. OFFICIAL CFAL "! j ` MICH1LLE L. CHLLLSON Witness my hand and official Seal i :W,a, `�'.,'" ��;�' NOiAR'(PUBLlC-INDIANA ASA ` MORGAN COUNTY 8 / My Comm.Expires Feb.14,2021 3 My commission expires: / '��. �e �^~1 ����ti � ' ' 1' Notary r ubl. GRANTEE: _ CITY OF PU = • o.Gp A C C. • -70-MI ICIP CORPORATION oy- ,Ii ; /I.#A t) resident of City Council: Stephen �''."ac i I(o4 <'' .I �;«osw r.vt ! ra.nor ATTEST: \' ,sem•-- ' � I �IIrIII� ��c City Clerk: rex�da \\ )t(410 'o TO' �� lir' j r� 5 re: Resolution 13672 EXHIBIT A EASEMENT THIS EASEMENT, granted this 8(' day of , 2015, by ELAINE R. HAYES and BRYAN G. RUBERSON as Trustees of the Emma Ruberson Bamber Revocable 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 . ;i(o day of r'Y�,A4 , 2015. GRANTOR: EMMA RUBERSON BAMBER REVOCABLE TRUST Elaine R. Hayes, Trustee / By 24-Z , �`Zltr�iG Bry n Ruberson, Trustee STATE OF COLORADO ) ) ss COUNTY OF PUEBLO ) J The foregoing instrument was acknowledged before me this/2 day of 2015 by Elaine R. Hayes as Trustee of the Emma Ruberson Bamber Revocable Trust. It Witness my hand . A official seal. My commission expir--. Imp. r j ` , -c I ;,�„_ �1 Notary Pudic" 1 RENEE D FASANO STATE OF 1-V iau ,4' ) I NOTARY PUBLIC I, II, )ss STATE OF COLORADO COUNTY OF NevtifiCKs) i NOTARY ID 20004021230 MY COMMISSION EXPIRES JANUARY 21,2019 The foregoing instrument was acknowledged •' . ' EV. •.• • "•r -' , • 5 by Bryan G. Ruberson as Trustee of the Emma Ruberson Bamber Revocable Trust. Witness my hand and official seal. My commission expires: �U1V 62), 2017- ..../ ;_ice di/ilinry Public • �111f_ ._ OFFICIAL SEAL \ ,,x,;;�,. 1 GAVIN TANDY v, NOTARY PUBLIC-INDIANA # HENDRICKS COUNTY S My Comm. Expires Ju 22,2018 Q 2 EXHIBIT A SANITARY SEWER EASEMENT LAND DESCRIPTION An easement for Sanitary Sewer purposes through a portion of the S 1/2 of the NE '/s of Section 22, Township 20 South, Range 65 West of the 6th 1'.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 '/4 of the NI'. '/ 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 Southwest corner of the NW '/ of the NE '/4 of said Section 22; thence N. 88°38'27" E., along the South line of the NW '/A of the NE '/ of said Section 22, a distance of k 947.24 feet to the Point of Beginning; thence S 24°29'06" E.,a distance of 214.33 feet;thence S. 03°08'14" E.. a distance of 820.78 feet; thence S. 41°13'28" E. a distance of 379.32 feet to the South line the S '/2 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 S '/2 of the NE ''/ 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. rpt► N Lie Fl++�+ 'f o'st 38289 • :g fftPd, • Ira � ;4L LAN 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 O o Pv N co op OOrn 4 Qkvs • , •. Ed W vm 0 2 0 Q 43 CZ tui U p V cn Lu Q�4. II Z v 2 2 2 kJ*� �6 •• •n".........mk.........700,*1 .---1 O N �cp; F.'t O OD 46:1NE m O O ��W ZeW 2 e Q "n n a p p 2 H 3 6Wr Ua. O mce NQ k�E 0 �j 05 Ci ti _ � 3 Li vii, O O p Win2t., 0. 0: 0. J N o 0414 1...2N ICC gc 3 20 O k` V a \\� 1 .: N\2N �,� 4rVN Q O W WUN (�•�, z 2 cn 2 Q O OD /'/3411I CV \.....Z d I i Pi el 3 WAN 14rv^ <� WVN t 22�t� SIN ytr � 2� °�tov y„•' 14 1 O1 •R W I L.__ S ,094011 N/1036 JO SISYB M.00,Zi lON 1 v 22WN \\ N v1 V) ZEN V) a04040.t041:EiA oai14 Exhibit B TEMPORARY EASEMENT THIS EASEMENT,granted this At, day of , 2015 by ELAINE R. HAYES and BRYAN G. RUBERSON as Trustees of the Ei a Ruherson Bamber Revocable 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 construction, 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 be binding upon,and shall inure to the benefit of the heirs, personal representatives, successors, and assigns of the Grantor and Grantee. SIGNED this alp day of Malt ,2015. GRANTOR EMMA RUBERSON BAMBER REVOCABLE TRUST Elaine R. Hayes, Trustee � / l l-x11. L) f / // L By k. ! `�...... As/ /�:�!-1_.k 1.LA ILL �'Z t i-40 G2.e__ Bryan U uberson, Trustee STATE OF COLORADO ) ) ss COUNTY OF PUEBLO ) ?if The foregoing instrument was acknowledged before me this-, Cday of /11Q(,_,.' 2015 by Elaine R. Hayes as Trustee of the Emma Ruberson Bamber Revocable Trust. Witness my han. an. official seal 1 ;1 ( ( , My commission expi . 'a 1 , A _ l y ''- ,_^� •J .----- Allrili!d"� iil•�.� N. 4. .:III -1.1.141',re STATE OF �' NOTARY PUBLIC ) lid _ STATE OF COLORADO I Ir )ss NOTARY ID 20004021230 COUNTY OF rt ri C -) MY COMMISSION EXPIRES JANUARY 21,2019 The foregoing instrument was acknowledged before me this 112_day of /144y , 2015 by Bryan G. Ruberson as Trustee of the Emma Ruberson Bamber Revocable Trust. Witness my hand and official seal. My commission expires:JG l y 27, 2o11 — '/,i .0.-- Ty Public MCC,' OFFICIAL SEAL '45:c44it:A GAVIN TANDY /�. ! NOTARY PUBLIC-INDIANA ti �.r HENORICKS COUNTY x Cam. - J 22,1018,, 2 EXHIBIT A TEMPORARY CONSTRUCTION EASEMENT LAND DESCRIPTION A "Temporary Construction Easement through a portion of the SW ''A of the NE ';�of Section 22, Township 20 South, Range 65 West of the 6`l' P.M. in the County of Pueblo and State of' Colorado, being 70 feet in width, 35 feet or each side of'the following described centerline: Considering the West line of the NW !% of the NE V of Section 22, "Township 20 South, Range 65 West of the 61" P.M. to hear N. 01'27'00" W. and all hearings contained herein being relative thereto. Commencing at the Southwest corner of the NW ;% of the NI'. '/:, of said Section 22; thence N. 88°38'27" E., along the South line of the NW i of'the NE 11 of said Section 22, a distance of 892.93 feet to the Point of Beginning; thence S 24°29'06" T':.. a distance of 226.26 feet: thence S. 03°08'14" E., a distance of 828.62 feet; thence S. 41'13'28" F. a distance of 354.90 feet to the South line the SW %,of the NE %4 of said Section ?2 and the Point of Temtinas. The external easement lines shall be lengthened or shortened to meet the North and South lines of the SW 1/1 of the NE '/, 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. io'.^ f10 9 $:.11 41 oi 11 11 s/0 • LAN�gJ— '' ...S= ea 1/40 1/43 N" 2 it ct kJ n Ow ,p rn ca �ti U O tu ti �� yQ J W *co qc 14j 0�8 o v m c. 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