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HomeMy WebLinkAbout13673 RESOLUTION NO. 13673 A RESOLUTION APPROVING AN EASEMENT AGREEMENT BETWEEN YMCA COMMUNITY CAMPUS, LLC AND PUEBLO, A MUNICIPAL CORPORATION GRANTING TO THE CITY A PERMANENT SANITARY SEWER EASEMENT AND A TEMPORARY CONSTRUCTION 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 the YMCA Community Campus, LLC 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-13 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 EASEMENT AGREEMENT BETWEEN YMCA COMMUNITY CAMPUS, LLC AND PUEBLO, A MUNICIPAL CORPORATION GRANTING TO THE CITY A PERMANENT SANITARY SEWER EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME SUMMARY: This Resolution approves an Agreement between the YMCA Community Campus, LLC (“YMCA”) granting a permanent sanitary sewer easement and a temporary construction 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 YMCA property 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 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. 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 pipeline at the southern end of the YMCA property. 2. The City will waive all tap and capital investment fees associated with the sewer tap, and will also install stubs on the east side and west side of the sewer line sufficient to provide a six (6) inch size sanitary sewer line for the YMCA. FINANCIAL IMPLICATIONS: The City will provide a six (6) inch size sewer tap on the sanitary sewer line installed by the City. The City will waive all tap and capital investment fees associated with the sewer tap, and will also install stubs on the east and west side of the sewer line sufficient to provide a six (6) inch size sanitary sewer line for YMCA. BOARD/COMMISSION RECOMMENDATION: None. STAKEHOLDER PROCESS: Not applicable. ALTERNATIVES: If City Council does not approve this Resolution, other options including the condemnation of an easement crossing the YMCA 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 13673 EASEMENT THIS EASEMENT, granted this 2' day of L v.t 2017, by YMCA Community Campus, LLC, 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 III- consideration, paid by the GRANTEE, receipt of which is hereby acknowledged, GRANTOR hereby ]o grants to GRANTEE, its successors and assigns, an easement for the purpose of a sanitary sewer line N"'D Ele and other utility lines and services and an access way in, through, over, under and across GRANTOR's 2wm property situated in Pueblo County, Colorado, and described as follows: iirmg See attached Exhibit A X"'82„;) — 0 TOGETHER WITH the right to enter upon the property for the purposes of construction, mm maintenance, control and repair, and together with the right to use so much of the adjoining property of -mw 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 °NUl endanger any of GRANTEE'S equipment or facilities therein or use thereof. Such reservation by theii=rAm3 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 0. 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 2 y day of Alio , 2017. GRANTOR: YMCA Comm, C.. 'us, LLC By Ja - le ndrews, President STATE OF COLORADO ) COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this 2 4 day of 2017 by Janelle Andrews as Presidents of the YMCA Community Campus, LLC. Witness my hand and official Seal. My commission expires: tO/y) i DUV Ll J MANNER NOTARY PUBLIC STATE. OF COLORADO NOTARY ID 198741W9263 MY COMMISSION!EXPIRES OCTOBER 11,20117 2073123 EASE 06/14/2017 03:27:51 PM Page: 2 of 3 R 23.00 D 0.00 1 23.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co ■III kr,iriVIR Irr'fOiri iiitL gliili Milli kliq, kii, 1I II EXHIBIT A 30' SANITARY SEWER EASEMENT LAND DESCRIPTION An easement for sanitary sewer purposes located in the W Vz of the SF 1/4 of Section 15, Township 20 South, Range 65 West of the 691 Principal Meridian, in the County of Pueblo, State of Colorado, being 30 feet in width, 15 feet on each side of the following described centerline: Considering a portion of the north line of Lot 1, Block I, YMCA COMMUNITY CAMPUS, FILING NO. 1, filed for record on February 15, 2006 at Reception No. 1661970 in the Pueblo County records to bear N. 88°43'53" E.,and all hearings contained herein being relative thereto. Commencing at the Center 1/4 corner of Section 15, N. 88"40'59" E. along the north line of said Lot 1 a distance of 964.32 feet to the Point of Beginning; thence S. 01°35'34" E., a distance of 11.19 feet; thence S. 12°05'33" W., a distance of 396.44 feet; thence S. 21°07'55" W.,a distance of 310.46 feet; thence S. 10°17'11" W., a distance of 481.19 feet; thence S. 28°00'58" W., a distance of 473.96 feet; thence S. 19°35'38" E., a distance of 335.49 feet; thence S. 01°44'15" W., a distance of 163.22 feet; thence S. 37°19'00" E., a distance of 233.63 feet; thence S. 0I°18'04" E. , a distance of 291.53 feet to the Point of Terminus on the northerly right-of-way line of 29`h Street as presently located. 1, David M. Stravia, being a licensed 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. IuT ,A0 M S�%4. O . GTER. . 8 - , t, 12933 '� l'` . r /9s-up'1 ; e � TP�'' FOF C0\- ' David M. Stravia Colorado P.L.S. 12933 For and on Behalf of NorthStar Engineering and Surveying, Inc. May 26, 2015 JN 1202000 2073123 EASE 06/14/2017 03:27:51 PM ‘ Page: 3 of 3 R 23.00 D 0.00 T 23.00 Gilbert Ortiz Clerk/Recorder: Pueblo County, Co • 1111 lP1rdQ41AP 111,10 11'rielii ll'rti!AI 1'.11,111Ih10,1 ii'.VIIIi •I 111 / Xtft7llillh /41_ _ _ .0_ , hhhh J L- t-__ morn-u,su rr,+r""nr € _ _ yy �-aG=a� -���-a� a C 1/4 CORNER C=-:'CL F- !'r-==C== C�'Z Em_ >UIITNERF! COLORADO'MEDICAL LLIvTER SECTION 15-- t- t-=C_a G_a - E.,- C__ FJLJNGIi T. t 3 _ * BC= t--,_3==j = t=fi t-fit=db- e t OIC K e BASIS or BEARINGS - =�t=� _ _ _{••-••N88'43.53"E 1301.35• -.�r • . =AC=i t=fit=, _ _ -_ - = C /I '••••••..N88.40.59•E•i 4964.32'••••••••' SS01:T5•341' T — i S12125 Ai atom 1 • , I y�' \ :\ y52/Q46' 1 15 ' i e rwr 1/tsr 1 1 tvlwa\ \ { + { 'h i JO'SANITARY SENER i I:: �,, y` EASEMENT I t I iI . w S, IIi �i t,. - CU e = 4sron'rr•w VI ' I I E 1. IJ 1.'. / . !81.19' la I I + 1 { I!' K 1 i Li CI del I \ I I,, 11 ; • 4. -44 i I / ,S28 OO'SB•w I 47296 W ~ I I . ,�/ *.BLQ K 1 I I , / " i i, .a l l 1` // •• ti.=,, 11, 1 — — — — -� I ' S19 35'38T. �SS oI.147 'w / l 33149' )� 161??C / / i z0. 1 17:4 k { s37i9og•E / ; 0. z I ` , 2136J t \ / ,s SOrTB'011r / P t \ \ S 1/4 CORNER `' \?91.5J / / c v j• \ \ SECTION 15 "� — J L' t \ \ r �L!TH SrI1EIT stcr S[Cr tot lNwJ:'4 NF1:'4 • _EC TION ` IC TJUN morn-.•vr ruou v. ` UNPLATTED E0 « .,, Id P L A T T E D t,EGLNQ P.O.B. POINT OF BEGINNING P.O.0 POINT Of COMMENCEMENT P.O.T POINT OF TERMINUS 0 FOUND COWCRE1 MONUMENT w/ 'X' SCRIBED ON TOP FOUND ALUMINUM MONUMENT w/3 1/2• P SCALE: LC• 1 u = 500' 0 ALUMINUM CAP L.S. 12933 R J F* E: V E BASISj2f_BEARINGS: A PORTION OF THE NORTH UNE of LOT I BLOCK 1, P 0 250' 500' 1000' YMCA COMMUNITY CAMPUS, FILWG NO. I A m LOCATED IN P W t/2 OF THE SE 1/4 OF SECTION 15, R TOIWNSHIP 20 SOUTH, RANGE 65 NEST OF THE 6TH P.M. E BEARS N88Y3S3 T D B THIS EXHIBIT WAS NOT PREPARED AS A MONUMENTED LAND SURVEY. AND WAS ONLY PREPARED TO DEPICT Y1 NORTf35TAR ENGINEERING AND SURVEYING, INC. 71-IE ATTACHED LEGAL DESCRIPTION. RE: ,, Resolution 13673 re • TEMPORARY EASEMENT1 THIS EASEMENT, granted this 2 day of 4r, , 2017, by YMCA Community Campus, LLC, GRANTOR, to PUEBLO, a Municipal Corporation, GRANT1EE: 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 15, 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 2 day of R,Pe<< , 2017. 'Wen Qt0. GRANTOR: qem YMCA Comm n. y Campus, LLC a�o N.+f11 S I ' ! , Nwm pit �� �� �mAm By itl .. . .__ � NB Ja - 'ndrews, 'resident �-yam —_ m A - - DON STATE OF COLORADO ) m� COUNTY OF PUEBLO ) r-..n—N nm�NJ ow" The foregoing instrument was acknowledged before me this�y day ofd} 7v. L m� 2017 by Janelle Andrews as Presidents of the YMCA Community Campus, LLC. K �3 Witness my hand and official Seal. IRE My commission expires: 10 p1/4 it/ MN DONALD J BANNER NOTARY PUBLIC = �—� STATE OF COLORADO Notary Public NOTARY ID 19874009263 MY COMMISSION EXPIRES Oi:TOBER 11,20171 2073124 T_EASE 06/14/2017 03:27:51 PM , . Page: 2oc 3Ri 00 D 0.00 I 2a.0TCiert Ortiz Clerkecorder Pueblo County. Co1111 e i11 11 1 EXHIBIT A 70' TEMPORARY CONSTRUCTION EASEMENT LAND DESCRIPTION An easement for temporary construction purposes located in the W 1/2 of the SE iti of Section 15, Township 20 South, Range 65 West of the 6th Principal Meridian, in the County of Pueblo, State of Colorado, being 70 feet in width, 35 feet on each side of the following described centerline: Considering a portion of the north line of 1.ot 1, Block 1, YMCA COMMUNITY CAMPUS, F1LINCI NO. 1, tiled for record on February 15, 2006 at Reception No, 1661970 in the Pueblo County records to bear N. 88'43'53" E., and all bearings contained herein being relative thereto. Commencing at the Center 1/4 corner of Section 15. N. 8840'59" E. along the north line of said Lot 1 a distance of 1014.32 feet to the Point of Beginning; thence S. 01°35'34" E., a distance of 16.95 feet; thence S. 1205'33" W., a distance of 406.39 feet; thence S. 21 07'55" W., a distance of 309.67 feet; thence S. 10°17'11" W., a distance of 484.24 feet; thence S. 28'00'58" W., a distance of 459.70 feet; thence S. 19°35'38" E., a distance of 322,85 feet; thence S. 01'44' 15" W., a distance of 154.90 feet; thence S. 3719'00" F., a distance of 232.15 feet; thence S. 01'18'04" E., a distance of 307.55 to the Point of Terminus on the northerly right-of-way line of 29`" Street as presently located. 1, David M. Stravia, being a licensed 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 „: 0 M S 4,4 0\.). OGISTEReo '..,..,, Ir i 12933 * 1 ILI/1r SURqS 4P4, Ne ciRL+42' OF c o\-„ -44,400,100.* David M. Stravia Colorado P.L.S. 12933 For and on Behalf of NorthStar Engineering and Surveying, Inc. May 26, 2015 .IN 1202000 . . .. . EXN110877 A `iA,'r+E4r, •`:.4...h9.•Dv M!„,`:4.1 ">,yrtp C I/4 C r. ...,3= A 417 fit..,.::,-,,, C# ` AVS CfAFAML,S �- .�C7. �C� �7.1 C.='3C=� ._� CC �r t _ =ac;'`c- �.. t_'lG _ =]C'- = c� a 1 _ _._ ... __.. _ .,ASL, I P.O.G. Srdt1S'' l' r t6 9.1' + i •a.a9' r A Meow,a,mow I t r f I r r" 1 dI I I i i r , .: ,s2rp7'Sj'M ,rA.., ....r"-. 4 XIS 67' ) "/ I s al ;4r2 i ,, ,` + it y s . !' -X" TEMPO/i4R t' 11 I i( 1 cy t - EASEMENT CONsrmuc ;.N 3a. b[ , w 1 ►1 ;; ; Ali 1; 1 r`. I M � istolrn:w , I : ,. 444 24 r.; z. 1 L9 1 1 1 a _..,_.;,,r i,.r1, __ ._ �.�._._ _,• 4 ,526'00181, I 1 € A34 TO` ! , ,-1„ 1 i r't�.fl� A L ��'�i 4{ .� '��i'��� +��.",r'.f; , 1 I (. y. . 1 /- �P{ j.7 - Irtf . 1 Stp C!'Tdlrr ° 3�� r_ 5 90� I l / l 'f ', I .i2r es E t v. .7 S, 4 1 2Jf 1S' , / G,, 1 r4 '. ., l e' �ti' ' �\ t S07 SS' i r ` C^ \\ 5 I/ *+EA A C0� + , C `� S C7TOw 's I ]� r f , -_ J 0.42/4 W1/4 N V1/4 I W1/4 L' r'e .1 / rr, D cF s w.. ' ��l ......45(.... 1 IASail"BED S A POP NON Of NI. 1401404 toot .., LOP r &Oaf r" ANCA comp-Awry CAW'V'S. Idtsrc hr) LLXATEO N Wit W r/'i ar MW SE V. CM St rk1M F ROMMStrM 2C SOWN RAMCZ aS ME-5r y MAC art PY 014R5 AIM'47'5J7 Ct'A�t,.. 1" -= �V4r Pus!ota,T lows hY7r A1tPARfC A5 A WPM-UNMC R LAND SU4(PAMO PAS cAL L r PRTPAREA tO I F 4.2210 P+.2 ATrAcr`r(o C/AL DESCfl ?Taw i O R Paw/ Of @C L'+'r rave P Q 2 Q' 50C MOS Poe powr ofCaWEOPiaiAFM' A iii..7. R P.J.'. POW r a 2RiNvnts rouso cAMCKS Ti. ow r .,...• •X• D SCRVItT ON TOP fW1l M AtorAMUW LAUMU* r •/,7 I'a' B elii At LWONt.Nit CAP I..S 1.2913 Y' NORIHSTAR ENCIINFERINQ AND SURVEYING, NC 2073124 T__EASE 06/14/2017 03:27:51 PM Page: 3 of 3 R 23.00 D 0.00 T 23.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co VIII 1 cifIJ�+Il14iiiiiC4,1;I 1«Ifi r1i VRIIII I1 ',,I' Y0r 11111 • EASEMENT AGREEMENT This Easement Agreement ("Agreement") effective this 24`h day of April, 2017, by and between YMCA Community Campus, LLC, whose address is 3200 Spaulding Avenue, Pueblo, CO 81008 ("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 and egress in, to, through, over, under, and across the Property for access to and from 1 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. 8. Subjacent and Lateral Support. Grantor shall not impair any lateral or subjacent 2 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 Stubs & Tap. Grantee will also install stubs on the east side and west side of the sewer line sufficient to provide a six (6) inch size sanitary sewer line for Grantor. The stubs will be on the southern end of the Grantor's property. In the future as needed by Grantor, and 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 a sanitary sewer line to be installed by Grantee. Grantee will waive normal tap and capital investment fees associated with the sewer tap. 11. Vacation of Easement. Grantee releases all of its right title and interest in and to that certain easement dated February 15, 2006 recorded in Reception No. 1661970 and Grantee agrees to vacate said easement at its sole cost and expense within 120 days of the date herein. 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. 17. Incorporation of Exhibits. All exhibits described in and attached to this Agreement are herein incorporated by reference. 3 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: YMCA Community Campus, LLC Attn: Janelle Andrews, President 3200 Spaulding Ave. Pueblo, CO 81008 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: YM A COM U ITY CAMPUS, LLC I 1 + I Bv: x ,11: .. . 'iii J ;Ile Andrews,'resi•ent STAT •F COLORADO ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this 2844‘ day of kivLk 2017 by Janelle Andrews as President of the YMCA Commbnity Campus, LLC. Witness my hand and official Seal. My commission expires: k A`(l7 Du.NALt J f ANNERNotary Public NOTARY PUBLIC I STATE OF COLORADO NOTARY ID 19874009263 4 MY COMMISSION(EXPIRES OCTOBER 11,2017 GRANTEE: �o4 ' ° • CITY OF PUEBLO, i A COL* -,: . • V ►I .+' ORPORATIO , leri#, b Presi•' ��-' cil: Stephen G. wrocki ��' � : ATTEST: \ro,Rto!ta.� 4s --Edll-r1Cia CtAPAA:4--Ylv. City Clerk: Gina-9utshef greAcia A.rrv„3c 5 Exhibit A EASEMENT THIS EASEMENT, granted this 2,4 day of 49,,. 2017, by YMCA Community Campus, LLC, 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 2 y day of Ai1v , 2017. GRANTOR: YMCA Comm , C. •us, LLC By /Al 1. tk Ja fie •ndrews, President STATE OF COLORADO ) COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this,t 4 day of rAi)Y. 2017 by Janelle Andrews as Presidents of the YMCA Community Campus, LLC. Witness my hand and official Seal. My commission expires: toffy v 11111%. D 4Da' LL.; J BANNER N R NOTARY PUBLIC STATE OF COLORADO NOTARY ID 198744109263 i COMM!SSiOt!EEXt'IRt Y.0 ff: E' 11 2017 EXHIBIT A 30' SANITARY SEWER EASEMENT LAND DESCRIPTION • An easement for sanitary sewer purposes located in the W l/2 of the SE l/4 of Section 15, Township 20 South, Range 65 West of the 6 ' Principal Meridian, in the County of'Pueblo, State of Colorado, being 30 feet in width, 15 feet on each side of the following described centerline: Considering a portion of the north line of Lot 1, Block 1, YMCA COMMUNITY CAMPUS, FILING NO. 1, filed for record on February 15, 2006 at Reception No. 1661970 in the Pueblo County records to bear N. 88°43'53" E., and all hearings contained herein being relative thereto, Commencing at the Center 1/4 corner of Section 15, N. 88'40'59" E. along the north line of said Lot 1 a distance of 964.32 feet to the Point of Beginning; thence S. 01°35'34" F., a distance of 11.19 feet; thence S. 12°05'33" W., a distance of 396.44 feet; thence S. 21°0755" W., a distance of 310.46 feet; thence S. 10°17'1 I" W., a distance of 481.19 feet; thence S. 28°00'58" W., a i, ii distance of 473.96 feet; thence S. 19`)35'38- F , a distance of 335.49 feet; thence S. 01'44'15" a distance of 163.22 feet; thence S. 3719'00" Ii., a distance of 233.63 feet; thence S. 01°18'04" F. , a distance of 291.53 feet to the Point of Terminus on the northerly right-of-way line of 291h Street as presently located. 1, David M. Stravia, being a licensed 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. „„otoilititsionuo .i.., Q., I l r 12933 if'f* 4 e S-14r) • ' 1 ,Lr›, Ito ‘6. 4 ci ttli 47i, "',/,;* OF C 0\--C)o".' ii"imilli11111010N David M. Stravia Colorado P.L.S. 12933 For and on Behalf of NorthStar Engineering and Surveying, Inc. May 26, 2015 JN 1202000 Page 1 of 2 .. . EXMOBOT A --.. J (C _ yyyy rn°rm-cwset cul elu my — =__ ,zit,„ -F--q., v.,,..-,- -_, —_qi q p"„"'r ' "a-Pg,"' c • - Rp-a - _-i ,---4 -ate= _ c_- y1�aw=- -a = 1G- F=a IP C 1/4 CORNER .1 G= _CC=7 Cl 1 r-,�� —g .:UUTHERN COLORADO,MEDICAL r'EIJTEM SECTION 15-_ t_ >.cL1c- g =� -A=iC=CWC_ f � - FILINGlt10. T a \ , It= _' It=�t=]4C-iC_]It= C—dt—d =Alt1i� 2 I L 17IC K 2 BASIS OF BEARINGS \ • :-...zit:: # �"• t_ t �t �— { 4J88'43.53'E• 1301.35_ ,� ._r �G� 'le--���� t=fit= -- .- C_C _C s _ — — — /HI r • 1R88'40'S9'E•f 984.32'...... S50i75'J4 E ' PARCEL A I P.O.C. 1 ,•\ 7 11.19' it LW> i+varr iawavaRfAtIUMFDICNI'. I I S12135 33'W.._ f' _•• `' IWO=42 120436) ?'• 1 I ; J46.44!'� ,�_ �� ) I if:�S 1J 15') i 1ii_ )MNK VCT \1Ci.',, ! i : " f1L1AG Na 1 \ 1 1 \ '--30' SANITARY SEWER ¢� 4 i 4, �' kJ i EASEMENT {~ + ?t t 1 f-. w ei I. { u ,.�s1o17'11-w IL I I 1 �� I 481.19' . ?ii W 1 { ' _�_1 1 . I _ I I N . , 1 a. I i_ �. 528 00'S8'w I 473.96' �r'' 16 1T•I e . . .,'\ ' t r%I 1`•e i p /} �Y�1,4 real ' / //tr! Ie11 I Y l—IIv7I-" 1 rt -BLEB.7F:' I h , , , , .....1 11(.11 V..1, 1 1 '...,1 I, 1 1 t>! 1 • `J i r .1.,., 6e__ r ra_er \'11 I 1 ^ � I I — ST 9 J5'J8 f_. 01 44'1 'W I I le ' I n { .1.3.5.49. ( ? 163.22 / / '� 1 it IK SJT79"00 E / � II \ ', \..k. % / // 0 { \ 50178'04'E_ ,••I / P "I \ \ ' \29L53' 5 i I / Q'' 1 \ `� \ S 1/4 CORNER { 4 \ \ SECTION 15-' .i _ 'L— -.- j L' le 1\ \ \ Lw-1N— :T,vEEr II i scrlTor Is \ \ �� — 1 °we'r +kt —'I HE1:'4 NE1,•'4 N1✓I.'4 =EL r 411*. I ' 'EC TION IDI!ma6„6-.v1c,+apae UNPLA T TEDCG „44 .'41.4.4'"4 1 ear GC r1M tII v. e ..... 1( U T•1 P L A 1 ? E p L_C,OL2 P.O.B. POINT OF BEGINNING P.O.C. POINT OF COMMENCEMENT P.O.T POINT OF TERMINUS 0 FOUND CONCRETE MONUMENT w/ 'X' SCRIBED ON TOP FOUND ALUMINUM MONUMENT w/J 1/2' P /I ALUMINUM CAP L.S. 12933 R SCALE: 111 = 500' gAS(S OF immiciaz. E A PORTION OF THE NORTH UNE OF LOT 1 BLOCK 1, P 0 250' 500' 1000' MCA COMMUNITY CAMPUS, FILING NO. 1 LOCA 1E0 N THE W 2 OF IHE SE 1/4 OF SECTION 15, A TONNSHIP120 SOUTH,/RANGE 65 HEST OF THE 6TH P.M. R E me �� I BEARS N88'43'53'E. D Noir. B THIS EXHIBIT WAS NOT PREPARED AS A MONOMER TED LAND SURVEY, AND WAS ONLY PREPARED TO DEPICT Y NORTHSTAR ENGINEERING AND SURVEYING, INC. THE ATTACHED LEGAL DESCRIPTION. JN 12 020 00 PAGE 2 OF 2 EXHIBIT B TEMPORARY EASEMENT1 THIS EASEMENT, granted this ,t`l day of ti , 2017, by YMCA Community Campus, LLC, GRANTOR, to PUEBLO, a Municipal Corporation, GRANT1EE: 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 15, 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 2day of Pipott , 2017. GRANTOR: YMCA Comm n y Campus, LLC 0 By -A. I Il. ._. 14 Ja - •ndrews, 'resident STATE OF COLORADO ) COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this,Z'1 day of oti 7vL 2017 by Janelle Andrews as Presidents of the YMCA Community Campus, LLC. Witness my hand and official Seal. My commission expires: 1b /c,, ( c/ DONALD o BANNER NOTARY PUBLIC STATE OF COLORADO Notary Public NOTARY ID 19874 09263 MY COMM SSI7r\EXP1RFs O l , ':' 11,20"' ., ., EXHIBIT B 70' TEMPORARY CONSTRUCTION EASEMENT LAND DESCRIPTION An easement for temporary construction purposes located in the W 4 of the SE 'A of Section 15, Township 20 South, Range 65 West of the 691 Principal Meridian, in the County of Pueblo, State of Colorado, being 70 feet in width, 35 feet on each side of the following described centerline: Considering a portion of the north line of Lot 1, Block 1, YMCA COMMUNITY CAMPUS, FILING NO. 1, tiled for record on February 15, 2006 at Reception No. 1661970 in the Pueblo County records to bear N. 88°43'53" E., and all bearings contained herein being relative thereto. Commencing at the Center 1/4 corner of Section 15, N. 88°40'59" E. along the north line of said Lot 1 a distance of 1014.32 feet to the Point of Beginning; thence S. 0103534" E., a distance of 16.95 feet; thence S. 12'05'33" W., a distance of 406.39 feet; thence S. 2100755" W., a distance of 309.67 feet; thence S. 10°17'11" W., a distance of 484.24 feet; thence S. 2800058" W., a distance of 459.70 feet; thence S. 19'35'38" F., a distance of 322.85 feet; thence S. 01°4415'' W., a distance of 154.90 feet; thence S. 37'19'00" E., a distance of 232.15 feet; thence S. 1 01018'04" E., a distance of 307.55 to the Point of Terminus on the northerly right-of-way line of 29th Street as presently located. I, David M. Stravia, being a licensed 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 , M".I't'' •it),., , )11)42933 * 1 ) ( -3:is 0 SUR‘it. p 417e,.., 0$ 4, v F A heiwomittiiloo' CO- David M. Stravia Colorado P.L.S. 12933 For and on Behalf of NorthStar Engineering and Surveying, Inc. May 26, 2015 IN 1202000 Page 1 of 2 . ... EXMllEDT A ,___,,._ -1 l...- -....1 I „o.,n. to _ —drF=74P=q P.- � Fra ' ::0 TNERN COLLTRAD0 NLDICAL DENIER, C 1/4 CORNER '- ,a reg".:::- G- -=C='d C r :...-, FILING,NO 1 SECTION 15-- t _dtti C_ \ �= . . t=�C_CC=� = t=fit=� C-iC-1G-= 3LOC A' zt-�C=��C=�C=a - _ 2 I BASIS OF HEARINGS \ - �'� C=� C=fit-� •• - _ -�{ _1 ~' I N88'43'53"E 1301.35' �_ dtt G-...M ` ` - - - - 1 .-._ - ._- - - - ,fir--N 138'40'59'E�"1014.32' SDI35'J4 �) 512D57.flY 16.95' I I I i 40B.J9' PARCEL A t �.,,e .. I / t t :•o I `;� . If3 PARR vc.r J09.67' ! ' >r ,s ,r,, \ \\ICtr, / `'>; FnncAGt ..__Js I1J ? ,am,, \ I < I ' �_ -- - - \ \ I ''' / -70' TEMPORARY I I t: R i' 1I1; \ \ (' CONSTRUCTION I 1 is , t� I , , 484.2<• IR I ."1 ' `L E1. ch% 9 7l ,-1,'•-•1 / A � t� I l;: K 1 t , J .Lt _a_t �' \ L � ' 41 " � I I I I 1 ; 4. i - Alt -. \ •e ' ?528V038IV I 1 ; C 459.70' I , ' al I I �i/ -♦ 'vrtt �/t o II t . i "v A t rvt r� l rY roil a., l / 1 11 1' r1,1 I I S `�I a_Alr7I-"' , Bi.LiLF. I I I t r t .ir t '_sa..t ,t /to/0 V.A. r 4, tnrr tt t, t/\./ I Ii ` F. '`. t^ t 7'A I r- I, 11'. I ' I .._• -.-,— -- — — si9J53B E1. v Ol'44'I5'W l ` J22.85' 5 J54.90' I ` I 4 I / ', 4: JSJ779'00 E( 2J2.15' // 0, I2 I ` ill(j)/ w ; \ I \ \ 50178'04 E \ / , \ hI y \ \\ SE 1/4 CORNER 1 � - - " - - SECTILH[2 15 A NET/4 NWL/4 1' N£1.4 NV/I/4 £L TION mn"'°an;r�e,a,"w'`° _ `>� , Cl T'1 P L A 7 T E �SECT70N PE' ar►Who ; cc ` N N P C 11 1 1 L P ..3ic BASIS OF BEARINGS. A PORTION OF THE NORTH UNE OF LOT 1 BLOCK I, YMCA COMMUNITY CAMPUS, FILING NO. I LOCATED IN THE W 1/2 OF THE SE 1/4 OF SECTION 15, TOWNSHIP 20 SOUTH, RANGE 65 NEST OF THE 6TH P.M. BEARS N88I33J E. PNOTE SCALE; tt = 00 AND IS EXHIBIT SURVEY, ANDOT WASREPARED GNLY PREPARED TOU AS A MENTED R DEPICT E LEGEND THE ATTACHED LEGAL DESCRIPTION. P 0 250' 500' 1000' P.0.0. POINT OF BEGINNING A MIN P.O.C. POINT OF COMMENCEMENT ill"........7 P.O.T POINT OF TERMINUS RE ` m� FOUND CONCRETE MONUMENT w/ "X" ® SCRIBED ON TOP D FOUND ALUMINUM MONUMENT w/J 1/2' ni ALUMINUM CAP L.S. 129JJ B Y: NORTHSTAR ENGINEERING AND SURVEYING, INC. JN 12 020 00 PAGE 2 OF 2