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Home My WebLink About14588RESOLUTION NO. 14588 A RESOLUTION APPROVING A WATER MAIN EASEMENT GRANTED TO THE BOARD OF WATER WORKS OF PUEBLO, COLORADO AND AUTHORIZING THE MAYOR TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Water Main Easement, a copy of which is attached, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The Mayor is authorized to execute and deliver the Water Main Easement in the name of the City and the Acting City Clerk is authorized to affix the seal of the City thereto and attest same. SECTION 3. The officers and staff of the City are authorized to perform any and all acts consistent with this Resolution and the attached Water Main Easement to implement the policies and procedures described therein. SECTION 4. This Resolution shall become effective immediately upon passage and approval. INTRODUCED April 12, 2021 BY: Ed Brown MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: ACTING CITY CLERK City Clerk’s Office Item # M-8 Background Paper for Proposed Resolution COUNCIL MEETING DATE: April 12, 2021 TO: President Lawrence W. Atencio and Members of City Council CC: Nicholas A. Gradisar, Mayor VIA: Belinda Kimball, Acting City Clerk FROM: Daniel C. Kogovsek, City Attorney SUBJECT: A RESOLUTION APPROVING A WATER MAIN EASEMENT GRANTED TO THE BOARD OF WATER WORKS OF PUEBLO, COLORADO AND AUTHORIZING THE MAYOR TO EXECUTE SAME SUMMARY: This Resolution approves and authorizes the Mayor to sign a Water Main Easement granted to the Board of Water Works of Pueblo, Colorado (“Pueblo Water”). PREVIOUS COUNCIL ACTION: The City Council, for many years, has approved the granting of Water Main Easements and other easements as requested by Pueblo Water. BACKGROUND: Pueblo Water wishes to construct a water main across land owned by the City. Construction of the water main requires the City to grant an easement for such purposes. FINANCIAL IMPLICATIONS: Approval of the attached Resolution will not result in any fiscal obligation being incurred by the City. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Resolution. STAKEHOLDER PROCESS: Not applicable to this Resolution. ALTERNATIVES: City Council has the option of not granting the Water Main Easement requested by Pueblo Water. RECOMMENDATION: The Mayor and City Staff recommend approval of this Resolution. Attachments: Proposed Resolution Proposed Water Main Easement re: Resolution 14588 2-2221,16 04/19/2021 11:26:12 RM POyr. lo�clf`4c R k,Ra00 DrO.PwhioCc u0,0y Co VIII PrAllifr� i#1'If,%�l'tii��►iiVitiIti�Gi4' 411 111111 WATER MAIN EASEMENT THIS EASEMENT, granted this 12°' day of April, 2021, by the CITY O F PUEBLO, a Colorado municipal corporation, ("GRANTOR"),to the City of Pueblo, a Colorado municipal corporation, acting by and through the BOARD OF WATER WORKS OF PUEBLO, COLORADO ("PUEBLO WATER"), for the use and benefit of Pueblo Water pursuant to Article 15 of the Charter for the City of Pueblo, Colorado. PUEBLO WATER'S, legal address is 319 W. 4th Street, Pueblo, Colorado 81003. WITNESSETH; THAT IN CONSIDERATION of the sum of One Dollar ($1.00) and other good and valuable consideration,paid by PUEBLO WATER, receipt of which is hereby acknowledged, GRANTOR hereby grants to PUEBLO WATER, its successors and assigns, a 30.00 foot wide easement and right of way for the purpose of a water main, in, through, over,under and across GRANTOR'S property situated in Pueblo County,Colorado,and described as follows: A 30.00 foot wide easement in, through, over, under and across those tracts of land described under Reception No.'s 1361947, 493648, 1968109 and 831140 of the records of Pueblo County, Colorado, being a portion of the north half of Section 18, Township 20 South, Range 64 West of the 6th Principal Meridian, said Pueblo County,Colorado, as shown on the Easement Sketch, see Exhibit A attached hereto and incorporated by reference, and being more particularly described as follows: The southerly 30.00 feet of the northerly 60.00 feet of said Section 18 lying easterly of the easterly right-of-way line of the Union Pacific Railroad, formerly the Denver and Rio Grande Western Railroad and westerly of the westerly right-of-way line of Jerry Murphy Road as platted in College Park Subdivision, Second Filing filed for record on May 14, 1975. The above-described easement contains 1.588 acres, more or less, and is subject to any rights-of-way or other easements as granted or reserved by instruments of record or as now existing across the above-described easement. 222220E 04/192021 11:26:12 A!1 !nfe.-l2Cofiz4Ct!k?4eN?,-dPer0 ceblo?ouunntti Co 11111 K��a�'�� •: I�h'i� ,l�'�'rP�{�Ri,��'�Y��' ��114 /1111 TOGETHER WITH: A 50.00-foot-wide temporary construction easement being more particularly described as follows: A 50.00-foot-wide temporary construction easement being 50.00 feet southerly of and adjoining the southerly line ofthe above-described easement. The above-described temporary construction easement shall expire and become null and void 30 days after the completion of construction or September 30, 2021 whichever occurs first. TOGETHER WITH the right to enter upon said property for the purpose of construction,maintenance,repair,and replacement and together with the right to use so much of the abutting property of GRANTOR reasonably necessary for said purposes. PUEBLO WATER shall repair all damage caused to GRANTOR'S abutting property by PUEBLO WATER'S use thereof. GRANTOR reserves the right to use and occupy and to permit others to use and occupy said property forany purpose not inconsistent with the right and privilege above granted. However, GRANTOR acknowledges and agrees that in no event will it locate, erect or cause to be located or erected any building, mobile trailer unit, or any other structures upon said easement. PUEBLO WATER will be responsible for damages it causes in the performance of its activities pursuant to this EASEMENT, including damages to third parties. No provision of this EASEMENT shall be deemed or construed to be a relinquishment or waiver of any kind of the applicable limitations of liability provided by the Colorado Governmental immunity Act, C.R.S. Section 24-10-101, et seq. This easement shall be binding upon and inure to the benefit of the successors or assigns of the GRANTOR and PUEBLO WATER. This easement shall be deemed abandoned if it is not used for its stated purpose for a period of ten (10) consecutive years. In case of abandonment of said easement, all rights, privileges, and interest granted herein shall terminate except PUEBLO WATER shall not be released or discharged from its obligations to repair damages hereunder. 2222206 24/19/2021 11,26:12 An Page: 3 of 4. k28.00 Pr2 FjshTo28 2C1, co Gi pert Or.iz II a 1 I II 1111 !�elFrliEVW �IMi1�wl',IhPi� fr1��l�llltured� 11,1' 1111 III CITY OF PUEBLO, a Colorado Municipal Corporation By: 9ebr / Nicholas A. Gradisar Mayor of the_City of Pueblo �a r✓'u °Lo\ ATTEST: '0' `v T� n \ G , . P2/1/4111t- 6/40 Belinda Kimball, Acting City Clerk �j COUNTY OF PUEBLO oo4tA.O ) ss. STATE OF COLORADO ) The foregoinginstrument was acknowledged before me in Pueblo County, Colorado this /S day of April,2021 by Nicholas A. Gradisar as Mayor of the City of Pueblo and by Belinda Kimball, as Acting City Clerk of the City of Pueblo, a Colorado Municipal Corporation. Witness my hand and official seal. My commission expires:`GA%°' 3 [ SEAL ] Ellene Tracey SampleNOUN PUBUC �.- STATE OF COLORADO Notary Public NOTARY IDA 20N40311010 MY COMMISSION MB 10110/2023 EXHIBIT A PORTION OF THE Ni OF SECTION 18, T2OS. R64W GRANTOR: CITY OF PUEBLO GRANTEE: BOARD OF WATER WORKS OF PUEBLO, COLORADO 8 s N`W W 2 F 3 a $3 g I �, LJ NORTHWEST QUARTER OF§ SECTION 18, T20S, R84W Iii Z 4 T20S, R64NW CORNER r>f SECTION 18, �a --- —^ 1 --- ii T20S, R84W I 1 5A 1 RECEPTION ] RECEPTION 1 1 RECEPTION NO. 1361947 I NO. 493848 ao NO. 831140 1 I Pz y 8S' i §1U w i I A 5 I 1 U I 1 NORTH 1... 400' ts 1 GMS, INC. PROJECT NO. 2021-056.650 MARCH 26, 2021 DRAWN: KLW 2222206 04/19/2021 11.26,12 All Dag*: 4 of 4 R 28.00 D 0 00 T 28.00 Gilbert Ortiz Clerk/Roca-der. Pueblo County. ...o 11111 kir lnil hills I I 'MtiFfiliti r'N+li illik&iiid ki 11111