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RESOLUTION NO. 13676
A RESOLUTION ACCEPTING A SANITARY SEWER
EASEMENT BY AND BETWEEN PUEBLO, A MUNICIPAL
CORPORATION, AND NEIGHBORHOOD SERVICES, INC
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
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WHEREAS, the owner of Lot 7, Block 142 of Belmont 89 Filing City and County of
Pueblo, Colorado has granted an easement for a sanitary sewer main to the City of Pueblo;
and
WHEREAS, such easement is necessary for the purpose and use of the Wastewater
Department; NOW THEREFORE,
SECTION 1.
The Easement Agreement between the City of Pueblo, a Municipal Corporation, and
Neighborhood Services Inc., a copy of which is attached hereto, having been approved as to
form by the City Attorney, is hereby approved and accepted.
SECTION 2.
The City Clerk is directed to cause said Easement to be recorded in the office of the
Pueblo County Clerk and Recorder forthwith. The recording fees for this Easement are to be
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paid for by the owner of Lot 7, Block 142 of Belmont 89 Filing City and County of Pueblo,
Colorado.
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 easement agreement to effectuate
the transactions described therein.
SECTION 4.
This Resolution shall become effective immediately upon passage and approval.
INTRODUCED May 8, 2017
BY: Ed Brown
City Clerk’s Office Item # M-2
Background Paper for Proposed
Resolution
COUNCIL MEETING DATE: May 8, 2017
TO:
President Stephen G. Nawrocki and Members of City Council
CC:
Sam Azad, City Manager
VIA:
Gina Dutcher, City Clerk
From:
Nancy Keller, Director of Wastewater Department
SUBJECT:
A RESOLUTION ACCEPTING A SANITARY SEWER EASEMENT BY AND
BETWEEN PUEBLO, A MUNICIPAL CORPORATION, AND
NEIGHBORHOOD SERVICES, INC
SUMMARY:
This resolution accepts a sanitary sewer easement regarding Lot 7, Block 142 of Belmont
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89 Filing City and County of Pueblo, Colorado, between the City of Pueblo and
Neighborhood Services, Inc for the purpose of allowing a 20 (twenty) foot wide easement
for Sanitary Sewer Main.
PREVIOUS COUNCIL ACTION
:
None
BACKGROUND
:
Neighborhood Services Inc is granting to the City of Pueblo a 20 (twenty) foot wide
sanitary sewer easement through Lot 7, Block 142 of Belmont 89th Filing city and County
of Pueblo, Colorado for the purpose of installing and improving the sanitary sewer main
and manholes. The easement will allow the Wastewater Department to install an 18-inch
sanitary sewer main to connect directly to a trunk main south of it and allow the
abandonment of a line that runs underneath US Hwy. 50.
FINANCIAL IMPLICATIONS
:
None
BOARD/COMMISSION RECOMMENDATION
:
Not applicable
STAKEHOLDER PROCESS
:
None
ALTERNATIVES
:
Alternate No. 1 – No Action.
Under this alternative, the current main, which runs underneath US Hwy. 50, would be
left as is. Because of the poor condition of this main, there is a high likelihood of future
failure, causing sewage leakage and sink holes, endangering the health and safety of the
public.
RECOMMENDATION
:
Approval of the Resolution.
Attachments
: Easement Agreement
Legal Description with drawing exhibit
Reception 2079412
08/17/2017
re: Resolution 13676
EASEMENT —_
(City is Grantee) MI
THIS EASEMENT, granted this /8 day of /Z [' , 20 / 7, by
/,da„iIZi vcra(JVe jh6 t e? Grantor,to Pueblo, a Municipal corporation, Grantee: 3
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T
WITNESSETH: am;
MIA
ONv-
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 ia:f
Grantee, its successors and assigns, a 2.0 foot easement for the purpose ofS,;lp...7,5e.ve,01..;ti in, r
through, over, under and across Grantor's property situated in Pueblo County, Colorado, and described as m013_1
follows: N irm
SEE ATTACHED EXHIBIT A m v
W
TOGETHER WITH the right to enter upon said property for the purpose of construction,
maintenance, control and repair, and together with the right to use so much of the adjoining property of -N
Grantor for said purposes. The Grantor reserves the right to use and occupy said property for any purpose
consistent with the right and privilege above granted and which will not interfere with or endanger any of Na6.11
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 any building or any other structure upon
the easement. Grantee shall have the right to remove, at Grantor's expense, buildings, structures and other
objects located on the easement interfering with the construction, maintenance, operation, control or use of
the easement for its intended purpose.
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 easement against all persons who may lawfully claim title to the property.
"Grantee"shall include the plural and the feminine. This easement shall run with the land,be binding
upon,and inure to the benefit of the heirs,personal representatives,successors and assigns of the Grantor and
Grantee.
SIGNED this elk day of aivu (_- , 20 '1 .
Gra r:
By"/ .‘ W\
COUNTY OF PUEBLO )
) ss.
STATE OF COLORADO )
The foregoing instru, ent was acknowledged before me this Jo day of -1 'f 1 L
20 17 by A)t Aa,d 6t c'i~1-4 (name of officer) as ' tc e'r it (title of officer)
of the ,ti gh.Jsd)1crx) ,jay',ci=S, (name of corporation) a LLQ/0a)c.11 c (state of
incorporation) corporation. (4,"c.
Witness my hand and official seal. PATRICIA ETAPIA
My commission expires: /(/C) )()I NOTARY PUBLIC
STATE OF COLORADO
[ SEAL ]
NOTARY ID 19874200196
Notary '' .. . • • ,2019
CA 12/30/08 `yy
2079412 EASE 08/17/2017 03:42:06 PM
•
Page: 2 of 3 R 23.00 D 0.00 T 23.00
Gilbert Ortiz Clerk/Recorder, Pueblo County, Co
VIlik'J I't�� fill 'i'��iI��k�Iffi'�'6'f�:1�i '''' 1fiqEYII 1III
EXHIBIT A
Q
NORTH
A Hunter Drive
WEpE
I I SCALE=1"=80'
��.._.. 3-7-2017
I ..-_..,_, City of Pueblo,Bureau of Public Works
, .1 ::I Bg'N
I Io
W1 9
E I IT
° ' I£ 8
1L 1 � I
m
7 I 13
I I;
I I; Block 142
I I Lot 7
IN j
-. 0.B. I I°°.
I IS I-o —0.71' n
S44° 39' 23"W 4 .94r Ifo SOUTH UNE OF` i1 E SE 4 SW}OF
SECTION 19
op / Y 1r - DETAIL A
SCALE 1" = 3'
/
'.1. q3
—� _ a�
�� S89 26' 20"E 308.43'
SOUTH LINE OF THE SE } SW 4 OF SECTION 19
N3° 26' 37"W 65.70' P. O. C.
Legend
0 Found Property Pin
0 Found Monument
Description A Found S 4 Section 19
Said easement is a strip of land located in the E1/2,SW1/4 of Section 19,
Township 20 South, Range 64 West of the 6th Principal Meridian. Located in Lot 7
Block 142 of Belmont 89th Filing City and County of Pueblo Co. Said strip of land
being 20 feet in width, measured 10 feet on each side of the following described
centerline
Commencing at the S1/4 corner of Section 19,616.85 feet west along said section
line to a point:thence N 3°26' 37"W a distance of 65.70 feet to the point of
beginning,thence S 44°39' 23" E a distance of 47.94 feet to the east right of way
of Chinook Lane. Said strip of land contains 959 Square feet,more or less.
Riley Monroe Bryan Date
P.L.S. 31925 SHEET 1 OF 1
2079412 EASE 08/17/2017 03:42:06 PM
Page: 3 of 3 R 23.00 D 0.00 1 23.00
Gilbert Ortiz Clerk/Recorder. Pueblo County. Co
11111 KAT II.JllriNNIA;'titf iiiti PA LhMN liVaIiiiiiii 11111
STATEMENT OF AUTHORITY
Fr' rsuapt to R.S. §38-30-172,Xthe undersigned hereby executes this Statement of Authority on behalf
of /I. af /1+ 1' 11()C.C7 S�/�V CC 5 �c1, V' C
a, ,an entity other than an individual,capable of
holding title to real property(the"Entity"), and states as follows:/
The name of the Entity is (::41 ' ky��U
)Z & -J�
(state type of entity and state,country,or other governmental authority under whose laws such entity is formed)
The mailing address for the Entity is /C e0 Cfr).-Zi2-17/ 4,/
9U_06. C, ) C C ( 06 )
The name or position of the person authorized to execute instruments conveying, encumbering, or other �/
affecting title to real property on behalf of the Entity is: S f CIES 0 t' — 6L G N/qii 6 g i V6,6J r
The limitations upon the authority of the person named above or holding the position described above to
bind the Entity are as follows: Ak)j)E'
(if no limitations,insert"None")
Other matters concerning the manner in which the Entity deals with any interest in real property are:
(if no other matters,leave this section blank)
EXECUTED this ) /41 day of6F/1..L..(9 , (9(i 1 T •
i
Signature: 1 p� Ul?.A o\
Name(typed or printed):' j /3f- C� (-----R 1 K A
Title(if any): `Nes'ick Ill--
STATE OF C.C.)/01144.13 U )
ss.
COUNTY OF-POE':JAL(- )
The foegoi instrument was.��knoged before me this I � day of a��-1.� � ,
by -. { , on behalf of'.`1\c,- c:.A. . -i' . (2:1,trc.,�, .
a CO C tI:KA c cc* )(7,6. --a+- U A,'U
Witness my hand and official seal. PATRICIA ETAPIA
My commission expires: 1tk)) g71 c )j 9NOTARY PUBLIC
'ITATE OF COLORADO
NOTARY ID 19874200196
[ SEAL] i t:.:.ASSION NatiffESENIWBER 27,2019
DPW 116 (` --Zi-t“'0-.Cfir �= .. 4494_6k.
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02/07/02