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RESOLUTION NO.15115
A RESOLUTION ACCEPTING AN EASEMENT FOR
PUBLIC SANITARY SEWER UTILITIES FROM CLARK
SPRING WATER COMPANY WITH RESPECT TO PARCEL
1501142020
WHEREAS, the owners of real property, Parcel 1501142020, have granted an
Easement for public sanitary sewer utilities; and,
WHEREAS, such easement is necessary for the development of the subdivision;
NOW, THERFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that
SECTION 1.
The Easement and Right of Way, copy 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 further directed to cause same to be recorded in the Office of
the Pueblo County Clerk and Recorder forthwith.
SECTION 3.
The officers and staff of the City are authorized to perform any and all acts
consistent with this Resolution to implement the policies and procedures described
herein.
SECTION 4.
This Resolution shall become effective immediately upon final passage and
approval.
INTRODUCED January 9, 2023
BY: Vicente Martinez Ortega
MEMBER OF CITY COUNCIL
APPROVED:
PRESIDENT OF CITY COUNCIL
ATTESTED BY:
CITY CLERK
City Clerk's Office Item # M6
Background Paper for Proposed
Resolution
COUNCIL MEETING DATE: January 9, 2023
TO: President Heather Graham and Members of City Council
CC: Mayor Nicholas A. Gradisar
VIA: Marisa Stoller, City Clerk
FROM: Andra Ahrens, Director Wastewater
SUBJECT: A RESOLUTION ACCEPTING AN EASEMENT FOR PUBLIC SANITARY
SEWER UTILITIES FROM CLARK SPRING WATER COMPANY WITH
RESPECT TO PARCEL 1501142020
SUMMARY:
Attached is a Resolution accepting an easement for public utilities from Clark Spring
Water Company.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
A public sanitary main was constructed in 1930 through private property without an
easement. The sanitary sewer main is required in order to serve building upstream.
FINANCIAL IMPLICATIONS:
None.
BOARD/COMMISSION RECOMMENDATION:
Not Applicable.
STAKEHOLDER PROCESS:
None.
ALTERNATIVES:
Denying the Resolution will deprive the right the Wastewater Department would have to
maintain and repair the existing sanitary sewer main prescribed by the easement.
RECOMMENDATION:
Approval of the Resolution.
ATTACHMENTS:
1. Easement with Clark Water
Reception 2301625
01/13/2023 04 04:5E PM
EASEMENT AND RIGHT OF WAY
THIS EASEMENT, granted this iciVv, day oft r(Ec`e' tg , W.7\ , by
Clark Spring Water Company, Grantor,to PUEBLO, a Municipal Corporation, Grantee:
WI TN ESSETH:
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 and right of way for the purpose of a public Sanitary Sewer,
in, through, over, under and across Grantor's property situated in Pueblo County, Colorado, commonly
known as Parcel No. 1501 142020 and described as follows: (the"Property")
See attached Exhibit"A" and "B"
TOGETHER WITH the right to enter upon the Property for the purposes of construction,
replacement, maintenance, control, and repair, and the right to use so much of the adjoining property of
Grantor for said purposes. Grantee shall have the right, without the necessity at any time of procuring the
consent or permission of anyone, to remove any building, fence, tree, pavement or other improvement or
growth located upon such easement that may in any way endanger or interfere with the construction,
reconstruction, maintenance, inspection or removal of all or any parts of said public Sanitary Sewer;
provided,however,Grantee shall restore any fence so removed to substantially the same condition as at time
of removal.
Grantor warrants to Grantee that Grantor has good and sufficient right and title in and to the Property
and full power to grant this easement and right-of-way.
"Grantee" shall include the plural and the feminine. This Easement And Right Of Way shall be
binding upon, and shall inure to the benefit of the heirs, personal representatives, successors, and assigns of
the Grantor and Grantee. `
SIGNED this day ofE(C 1\C' C '` , SIN
GRANTOR
By: 1 ..Ct-----S..L
Eric Clark
President
STATE OF CiaInfzAp J )
) ss.
COUNTY OF p U`)ol 0 )
The foregoing instrument was acknowledged before me this
IQ /1 q1acaD., (date) by Eric Clark as President of the Clark Spring Water
Company, a Colorado corporation.
Witness my hand and official seal. r. w: :. . E A L ]
Mycom issi n expires: f
p _.I M ,iilh .' . .
1 f 18 . . Public (or official title)
2301025 01/13/2023 04:04:56 PM
Page: 2 of 3 23.00 D 0.00 'r 23.00
C.ay-l.xre Pirie;a Cierhlner.;u,6er 'Duebla County Co
Ill rallid r ,wf15'Whi'diVrril R l illilih iiiii111 it 1
Exhibit "A"
Beginning at a point along the southeasterly line of the vacated alley in Block 118,South Pueblo,said
point being 20.0'southwesterly of the northwest corner of Lot 25, Block 188,South Pueblo;thence
northwesterly and perpendicular to the southeasterly line of said vacated alley a distance of 10.0'to the
centerline of said vacated alley;thence southwesterly along the centerline of said vacated alley a
distance of 99.0';thence northeasterly a distance of 99.5' more or less to the point of beginning.
Said easement contains a calculated area of 495.0 square feet.
2301525 01/13/2023 04:04:56 PM
i
Page: 3 of 3 R 23.00 0 0.00 T 23.00
Candace Rivera „ier'< Rocc tier. Paehlc Coun'v. Co
Alii P,i'nitilliii'i10"P X1,114,1'111 MOM 1likil i IN
I
EXHIBIT "B"
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