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HomeMy WebLinkAbout15115 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" / \ \ N N:,, \ / \ \ \ / N \ \ / \ \ SANITA'Y SEWER / \ \ \ \ EASEME' / N \ \ \ \ \ INV'p, �O \ \ \ /I fr \ L� \ \ \ //� O` / , \ \ 'Y- 04( / \ 0 \ N \ 4/ \ / ,�/ G \ c, \ \9 \ \ / \ XN9 \ N. / / / \ \ \ °X \ O� \ \ \ )O \ \ O \ \ ,7i \ \ N \ \ \ "�� V,i NN s>� \ L��� F�, N N N / \ / \ \ / /\ \ N /414--y& iikki PANltdPir S SCALE: 1"=40'