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Home My WebLink About05669Reception 950634 06/28/1991 ORDINANCE NO. 5669 AN ORDINANCE VACATING ALL OF THE UTILITY EASEMENT AT THE NORTHWEST CORNER OF JERRY MURPHY ROAD AND BONFORTE BOULEVARD BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: RFCTTAM 1 All of the Utility Easement, being 5 feet in width, as platted in Lot 21, Block 141, in Belmont Villa, Filing No. 3, according to the recorded plat thereof, filed for record June 3, 1987, is hereby vacated. gW0TTnM 7 This ordinance shall become effective immediately upon final passage and approval. INTRODUCED December 10 By KENNE HUNTER , 1990 Councilperson APPROVED Pr ent of the Council ATTEST: c J , � l City C erk 11/26/90 r` w848939 RMOPt)Er EM O C.OUMY, COLORADO JUN 6 1991 BooK2545 awAll SS #27680 COVENANT AND EASEMENT AGREEMENT A P This Agreement made and entered into this ` � day of IL/ 1991, by and between Sunny Acres Villa, Inc., a Colorado corporation, hereinafter referred to as "Villa" and the City of Pueblo, a Municipal Corporation, hereinafter referred to as "City ". Witnesseth, that in consideration of Ten Dollars and other valuable consideration paid to Villa by City and the covenants, conditions and easement granted hereinafter, the parties agree as follows: 1. Villa represents, covenants and warrants that it is the sole owner and is seized of the following described real property situate in Pueblo County,'Colorado, free and clear of all encumbrances: All of Lot according record 23, Block 141 in Belmont Villa, Filing No. 4, to the recorded plat thereof, as filed for (the "Property "). 2. Villa hereby grants in perpetuity to City, its successors and assigns, a twenty (20) foot wide easement and right of way for the purpose of operating, inspecting, protecting, removing, replacing, maintaining, repairing and re- constructing a storm drainage pipeline and below ground appurtenances under and across the Property with the centerline of said easement (the "Easement ") described as follows: A drainage easement through a portion of the SW1 /4 of the SE1 /4 of Section 19, Township 20 South, Range 64 West of the 6th P.M., being 20 feet in width, 10 feet on each side of the following described centerline: Commencing at the intersection of the Westerly Right -of- Way line of Bonforte Blvd., as platted in Belmont, Thirteenth Filing, according to the recorded plat thereof, filed for record February 15, 1966 and the Southerly Right -of -Way line of Jerry Murphy Road, as platted in Belmont, Seventh Filing, according to the recorded plat thereof, filed for record February 15, 1954; thence N.410- 501- 10 "W.(N.410- 45'W., Plat), along the said Southerly Right -of -Way line of Jerry Murphy Road, a distance of 68.29 feet; thence S.47 09 23 11 W., a distance of 55.60 feet; thence S.53 °- 13 43 "W., a distance of 45.65 feet; thence S.62 33'- 43 "W., a distance of 50.52 feet to the True Point of Beginning; thence S.62 °- 33 43 "W., a distance of 77.44 feet to the Point of Terminus. together with reasonable rights of ingress and egress necessary for the full and complete use, occupation and enjoyment of the Easement hereby granted and all rights and privileges incident thereto, including the right to remove trees, brush and overhanging obstructions which may injure or unreasonably interfere with the City's use, occupation or enjoyment of this easement. City hereby agrees to use its best efforts to mitigate any and all surface disturbance arising out of its exercise of those rights granted herein. 3. City releases and relinquishes all former and prior storm drainage pipeline easements located up;on and across the Property; it being the intent of this Agreement that the Easement and right of way granted hereunder replaces any and all former storm drainage pipeline easements, if any, burdening the property, whether of record or not. BOO 2545 1'AGF612 4. If at any time the Director of City's Department of Public Works determines that any maintenance or repair of the replaced pipeline located on the property is necessary, required or recommended in the best interest of the public, he shall notify Villa of such determination and City shall thereafter, in a timely manner, undertake and complete at its own expense and in a good and workmanlike manner, such maintenance or repair of said easement. 5. Villa reserves the right to use the Property for all purposes not inconsistent with the Easement and rights granted by this Agreement. 6. The Easement granted hereunder shall run with the land. The provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns. SUNNY ACRES VILLA, INC. a Colorado corporation '' ' - City Cl k f Approved {,ALs To Form: City Attor ley STATE OF COLORADO COUNTY OF By: 2j"� Title: `ry��io 02- CITY OF PUEBLO, A Municipal Corporation By: President of the City Council On this day of , 1991, before me a notary public, personally appeared known to me to be the person whose name is subscribed as ,L C c v for Sunny Acres Villa, Inc. In witness whereof I hereunto set my hand and official seal. My commission expires: �� •� i � � ,= s Notary Publ i:C -2- STATE OF COLORADO eoox 2545 rg 6fl COUNTY OF PUEBLO ) On this 5th day of June , 1991, before me Susan H. Hernandez , a notary public, personally appeared Michael Occhiato , known to me to be the person whose name is subscribed as President of ('o �n _i l for the City of Pueblo. In witness whereof I hereunto set my hand and official seal. l Notary Public 0 H: \WDRDPROC \CLIENTS \307\1 \V1LLA.AGR /2 -3- R A coA expires: T4 /1 ) 0r C0LOt• l Notary Public 0 H: \WDRDPROC \CLIENTS \307\1 \V1LLA.AGR /2 -3- 1 -, BOOK 1545'41E614 NO 0 RECORDED JUN 1991 SS127680 , COUNrr. cOLOAAD COVENANT AND EASEMENT AGREEMENT This Agreement made and entered into this i - i - day of , 1991, by and between Phillips 66 Company, a Delaware corporation, hereinafter referred to as "Phillips" and the City of Pueblo, a Municipal Corporation, hereinafter referred to as "City ", Witnesseth, that in consideration of Ten Dollars and other valuable consideration paid to Phillips by City and the covenants, conditions and easement granted hereinafter, the parties agree as follows: 1. Phillips represents, covenants and warrants that it is the sole owner and is seized of the following described real property situate in Pueblo County, Colorado, free and clear of all encumbrances: All of Lot 22, Block 141 in Belmont Villa, Filing No. 4, according to the recorded plat thereof, as filed for record 2. Phillips hereby grants in perpetuity to City, its successors and assigns, a twenty (20) foot wide easement and right of way for the purpose of constructing, operating, inspecting, protecting, removing, replacing, maintaining, repairing and re- constructing a storm drainage pipeline and below ground appurtenances under and across the above described property with the centerline of said easement described as follows: A drainage easement through a portion of the SW 1/4 of the SE 1/4 of Section 19, Township 20 South, Range 64 West of the 6th P.M., being 20 feet in width, 10 feet on each side of the following described centerline: Commencing at the intersection of the Westerly Right of Way line of Bonforte Blvd., as platted in Belmont, Thirteenth Filing, according to the recorded plat thereof, filed for record February 15, 1956 and the Southerly Right of Way line of Jerry Murphy Road, as platted in Belmont, Seventh Filing, according to the recorded plat thereof, filed for record February 15, 1954; thence N.41 50' 10" W. (N41 45' W., Plat), along the said Southerly Right of Way line of Jerry Murphy Road, a distance of 68.29 feet to the True Point of Beginning; thence S.47 09' 23" W., a distance of 55.60 feet; thence S.53 13' 43" W., a distance of 45.65 feet,; thence S.62 33' 43" W., a distance of 50.52 feet to the Point of Terminus. together with reasonable rights of ingress and egress necessary for the full and complete use, occupation and enjoyment of the easement hereby granted and all rights and privileges incident thereto, including the right to remove trees, brush and overhanging obstructions which may injure or unreasonably interfere with City's use, occupation or enjoyment of this easement. City hereby agrees to use its best efforts to mitigate any and all surface disturbance arising out of its exercise of those rights granted herein. 3. City releases and relinquishes all former and prior storm drainage pipeline easements located upon and across the above described property; it being the intent of this Agreement that the Easement and right of way granted hereunder replaces any and all former storm drainage pipeline easements, if any, burdening the property, whether of record or not. 4. Within 120 days of the City's issuance of an appropriate building permit to Phillips, Phillips shall remove and replace approximately 38 feet of existing 60 inch diameter corrugated metal drainage pipe with new 60 inch diameter reinforced concrete pipe, hereinafter referred to as "replaced pipeline ". The replaced pipeline shall be installed and all work performed in a good and workmanlike manner and in accordance with all standards and engineering requirements of the City's Department of Public Works applicable to such construction. The location of pipe segment to be replaced shall be that portion lying beneath Phillips' planned kiosk building and within 8 feet of any foundation thereof. No additional substantial structures of a permanent nature shall be placed on the drainage easement without the prior written consent of the Department of Public Works. All costs and expenses associated with the installation and future maintenance and repair of the replaced pipeline shall be borne by Phillips and its successors and assigns. 1N- Y eoox 2545 ix- 615 5. Phillips hereby releases and waives any and all claims, damages, costs and expenses, whether known or unknown, foreseeable or unforeseeable, which may result to its land or buildings or persons or property as a result of Phillips construction of improvements over, above and on top of the storm drainage easement. Phillips further agrees that it shall indemnify and save City harmless from any and all liens, damages, costs and expenses, whether'known or unknown, foreseeable or unforeseeable, which may arise or result from the construction of the replaced pipeline or from Phillips' construction of buildings or other improvements above or subadjacent to said pipeline. Phillips also agrees to release City from liability for any damage to Phillips' property occasioned by required maintenance and /or repair to and /or re- construction operations within or adjacent to the storm drainage easement. The determination of the need for said maintenance, repair, or construction activities with respect to the storm drainage pipeline shall rest solely with the Director of Public Works, but shall be based upon sound engineering principles. 6. If at any time the Director of City's Department of Public Works determines that any maintenance or repair of the replaced pipeline located on the property is necessary, required or recommended in the best interest of the public, he shall notify Phillips of such determination and Phillips shall, in a timely manner, undertake and complete at its own expense and in a good and workmanlike manner, such maintenance or repair of the "replaced pipeline ". 7. Phillips reserves the right to use the Property for all purposes not inconsistent with the Easement and rights granted by this Agreement; provided, however, that if City's Director of Public Works determines that the repair, maintenance, construction or reconstruction of the storm drainage pipeline and below ground appurtenances reasonably requires, for safety or otherwise, the removal of any improvements constructed over or adjacent to the easement, Phillips shall cause same to be removed and replaced at its sole expense. 8. The Easement granted hereunder shall run with the land. The provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns. PHILLIPS 66 COMPANY cSGr T`C. p 4 , t �' iA.jf j\iF � 1 f ATTtST: .� !, City. ;Clerk' Apprd�'dd' As:.To Form: City Attorne By: U Title: ATTORNEY IN FACT CITY OF PUEBLO, A Municip 1 Corporation By: President of the City Council STATE OF OKLAHOMA ) COUNTY OF WASHINGTON) On this /el- -t', day of - r_l , 1991, before me 11 c //�Vylnr. -- , a notary public, personally appeared U, A 111- ,1; /nAl known to me to be the person whose name is subscribed as Attorney -in -Fact for PHILLIPS 66 COMPANY, and acknowledged that he executed the same as the act of his principal for the purposes therein contained. In witness whereof \- kiereu itc�t my hand and official seal. My commission expire l: �• Ndtary Public RLH15 4/12/91 a tiGE co",